M RAMACHANDRAN Vs. STATE

JUDGEMENT

(1.) HEARD.

(2.) 1.These appeals are directed against the judgment dated 12.6.1996 made in S.C.C.No.118 of 1990 of the learned Special Judge-cum-I Additional District Judge and Chief Judicial Magistrate, Salem, convicting the first accused who was facing trial for the offences punishable under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act') and sentencing him with rigorous imprisonment for one year with a fine of Rs.500/-, in default to undergo rigorous imprisonment for one month, for the offence punishable under Section 7 of the Act, and with rigorous imprisonment for one year with a fine of Rs.500/-, in default to undergo rigorous imprisonment for one month, for the offence punishable under Section 13(2) r/w 13(1)(d) of the Act; and acquitting the second accused, who was facing trial for the offences punishable under Sections 7 r/w 12 and 13(2) r/w 13(1)(d) of the Act. 2.2. Assailing the judgment of conviction dated 12.6.1996, the first accused has preferred Crl.A.No.490 of 1996, and challenging the judgment of acquittal of the second accused, the State has preferred Crl.A.No.248 of 1997. 2.3. Since both the appeals arise from the same judgment dated 12.6.1996 made in S.C.C.No.118 of 1990 of the learned Special Judge-cum-I Additional District Judge and Chief Judicial Magistrate, Salem, they were heard and disposed of together. 2.4. For the purpose of convenience, the parties are arrayed as per their rank before the trial Court. Accordingly, the appellant in Crl.A.No.490 of 1996 is referred to as the first accused, respondent in Crl.A.No.248 of 1997 is referred to as the second accused, and the respondent in Crl.A.No.490 of 1996 and the appellant in Crl.A.No.248 of 1997 is referred to as the complainant.

(3.) 1.To substantiate the above charges, the prosecution examined 10 witnesses, of whom P.Ws.1 and 3 are the aggrieved parties who lodged the complaint before the Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Salem. P.W.2 is the trap witness. P.Ws.5 and 6 are the witnesses from the Revenue Department, who spoke about the demand on 22.12.1989 and 26.12.1989 and the acceptance of the same by the first and second accused. P.W.7 is the Village Administrative Officer of Rasipalayam Village, who deposed that even though the first accused visited Rasipalayam Village on 22.12.1989, he left Rasipalayam Village at 11.30 a.m. itself to Namakkal, to corroborate the case of the prosecution that the first accused was present in the office at about 1.00 p.m. on 22.12.1989. P.W.9 is the sanctioning authority under Section 19 of the Act, who gave sanction for prosecuting the first and second accused. 7. 2. That apart, 35 documents were marked as Exs.P1 to P35, on behalf of the prosecution, of them the following are relevant to be referred to: Ex.P1 the application given by P.W.1 for resurvey and issuance of separate patta for his lands Ex.P2 challan for the payment of Rs.6/- for sub division Ex.P3 copy of the chitta Ex.P7 the challan for the payment of Rs.12/- Ex.P8 complaint given by PW1 to the Deputy Superintendent of Police, Vigilance & Anti Corruption Department, Salem Ex.P9 acknowledgment for the receipt of a copy of the FIR Ex.P10 mahazar prepared in the Office of P.W.10 for recovery of M.Os.1 to 6 Ex.P11 file relating to application of PW1 seized from PW4 Ex.P14 Office note with regard to application of PW3 for resurvey and issuance of separate patta for his lands Ex.P15 attendance register of the first accused Ex.P16 mahazar prepared in the Taluk Office for recovery of the amount of Rs.500/- Ex.P17 6(II) Register seized in Taluk Office with respect to the attendance of the first accused Ex.P18 map prepared at the place of occurrence Ex.P19 application given by PW3 for separate patta Ex.P20 note with regard to the application of PW1 made in Ex.P17 Ex.P21 note with regard to the application of PW3 made in Ex.P17 Ex.P22 list of sub division petitions from 1.10.1989 to 31.10.1989 Ex.P23 list of petitions from 1.11.1989 to 30.11.1989 Ex.P24 report sent by second accused with regard to the application of PW1 Ex.P25 report sent by second accused with regard to the application of PW3 Ex.P26 order of Sub Division Tahsildar with regard to the application of PW1 Ex.P27 order of Sub Division Tahsildar with regard to the application of PW3 Ex.P28 Fortnightly diary of the first accused Ex.P29 report of the first accused for inspecting Rasipalayam Village Ex.P30 fortnightly diary of the second accused for December 1989 Ex.P31 requisition for chemical examination of M.O.4 to M.O.10 Ex.P32 letter of the Court for sending M.O.4 to M.O.10 for chemical examination Ex.P33 analysis report Ex.P34 sanction order by PW9 to initiate prosecution against the first and second accused Ex.P35 FIR prepared by PW10