A. KRISHNAMOORTHY Vs. STATE

JUDGEMENT

(1.) These Criminal Appeals are filed against the judgement dated 17.4.2008 made in Special Case No.3/2000 by the learned Special Judge and Chief Judicial Magistrate, Cuddalore, in and by which, (a) A1 was convicted under Section 248(2) of Cr.PC and sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.500/-, in default to undergo Rigorous Imprisonment for three months under Section 7 of the Prevention of Corruption Act, 1988 and convicted and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/- in default to undergo Rigorous Imprisonment for three months under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, (2) A2 was convicted under Section 248(2) of Cr.PC and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/-, in default to undergo Rigorous Imprisonment for three months under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and (c) the sentence was ordered to run concurrently.

(2.) The case of the Prosecution is as follows:-

(3.) The case was taken on file in Special Case No.3/2000 by the learned Special Judge and Chief Judicial Magistrate, Cuddalore and necessary charges were framed. In order to bring home the charges against the accused, the prosecution examined as many as 15 witnesses (PW.1 to PW.15) and also marked Exs.P1 to P17 and five material objects (Mos.1 to 5). On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused have come with the version of total denial and stated that they have been falsely implicated in this case. The court below, after hearing the arguments advanced on either side and looking into the materials available on record, found the accused/appellants guilty and awarded punishments as referred to above, which is challenged in these Criminal Appeals.