V. ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The deceased first appellant is the sole accused, in Spl.C.No.12 of 2004, on the file of the learned Special Judge / Chief Judicial Magistrate, Erode. He stood charged for offences under Ss. 7 and 13(2) r/w Sec. 13(l)(d) of Prevention of Corruption Act (hereinafter referred to as the Act). By judgment dtd. 15/6/2011, the trial Court convicted him under Ss. 7 and 13(2) r/w Sec. 13(l)(d) of the Prevention of Corruption Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.3,000.00, in default, to undergo simple imprisonment for one month. Challenging the said conviction and sentence, the present appeal has been filed. Pending appeal, the appellant / accused died and his legal representatives were substituted to prosecute the present appeal.

(2.) The case of the prosecution in brief is that, the deceased appellant/accused, was working as Village Administrative Officer in Pazhamangalam Village, Erode district. P.W.2/defacto complainant approached the accused for transfer of patta in his favour based on a Civil Court decree. The accused demanded a sum of Rs.2,000.00 as illegal gratification for transferring the patta. However, on persuasion, he agreed forRs.1,000.00 and directed P.W.2 to pay it on or before 28/5/2003. Immediately, the P.W.2 approached the respondent police and filed a complaint. Based on that, the respondent police registered a F.I.R. in Crime No.3/Ac/2003/ER for offences under Sec. 7 of the Prevention of Corruption Act and recorded his statement. Thereafter, P.W.I7, the Inspector of Police, sought the assistance of P.W.3, who was working as a Special Officer in the Weavers Cooperative Society and he prepared the Mahazar and prepared for the trap. Thereafter, P.W.2 met the accused, where he demanded the money and P.W.2 handed over the same to the accused. Immediately, P.W.I7 and other officers rushed there and recovered the money from his shirt pocket and conducted sodium carbonate test which was proved positive, then P.W.I7 arrested the accused and prepared the mahazar and handed over the investigation to P.W.I8, the Deputy Superintendent of Police. He recorded the statements of all the witnesses and on completion of investigation filed the final report for offences under Ss. 7 and 13(2) r/w 13(l)(d) of Prevention of Corruption Act.

(3.) Based on the above materials, the trial Court framed appropriate charges. The accused denied the same. In order to prove the case, on the side of the prosecution, as many as 18 witnesses were examined, 34 documentsand 5 material objects were marked.