N KALIYAPERUMAL DECEASED Vs. STATE

JUDGEMENT

(1.) The appellant (since deceased) stood convicted under Section 7 and 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act and sentenced to suffer 6 months and 1 year of rigorous imprisonment for each count and to pay a fine of Rs.500/-for each count in default to suffer further 3 months of rigorous imprisonment in the judgment dated 23.10.2008 and made in Special Case No.4 of 2004 on the file of the learned Special Judge/Chief Judicial Magistrate, Cuddalore District.

(2.) Challenging the conviction and sentence, the appellant(since deceased) had preferred this appeal before this court after invoking the proviso to Section 374(2) of Cr.P.C. During the pendency of the appeal he had passed away on 26.05.2010 leaving behind his wife who is the petitioner in the Criminal Miscellaneous Petition No.3 of2010 and his son and daughter as his legal representatives. After his demise, his wife Smt. Saradhadevi, has filed the petition in Crl.M.P.No.3 of 2010, under Section 482 of Cr.P.C. to permit her to continue the appeal in Crl.A.No.3of 2008. This petition was allowed on 30.04.2010. In pursuant to the order of this Court Mrs. Saradhadevi, wife of N.Kaliyaperumal (original appellant) has been permitted to prosecute the appeal.

(3.) Mr. N. Kaliyaperumal (deceased) former Deputy Talsidar (Certificate) Taluk Office, Cuddalore District was charge sheeted on 18.11.2004 by PW 13, The Deputy Superintendent of Police attached to Vigilance And Anticorruption Department, Cuddalore District alleging that on25.06.2003, he had demanded a sum of Rs.50/-from PW 2, Tmt P. Sumathi for issuing income tax certificate as bribe other than his legal remuneration. That on 27.06.2003, he had received the amount from PW 2 by misusing his official position as Special Deputy Tahsildar (Certificate) Taluk Office, Cuddalore.