A M PALANISAMY Vs. STATE REP

JUDGEMENT

(1.) ACCUSED in Special C.C.No.101 of 1995 on the file of Special Court/Chief Judicial Magistrate, Erode is the appellant. By the judgment dated 24.11.1997, the appellant/accused was convicted under Sec.420, I.P.C. and Sec.13(2) read with 13(l)(d) of Prevention of Corruption Act.

(2.) FOR the four instances of collecting the amount from witnesses, four separate charge sheets were filed in Spl.C.C.Nos.101 of 1995, 102 of 1995, 103 of 1995 and 104 of 1995. The occurrence was within a period of one year. Though the occurrence related to more than three instances, all the cases were clubbed together in C.C.No. 101 of 1995. Excepting the village/place of occurrence, date and number of witnesses, gist of charges framed in all cases are one and the same.

(3.) P.W.22 - Periasamy (Divisional Development Officer) directed P.W.26 - Selveraj (Commissioner) to hold enquiry about the complaint received. P.W.26 - Commissioner of Kundadam Panchayat Union directed P.W.21 to conduct the enquiry. On being directed, P.W.21 went to Sengattupalayam on 16.12.1990. He examined the witnesses and recorded their statements. He forwarded the same to Commissioner of Kundadam Panchayat.