S. SOUNDAR RAJAN AND ORS. Vs. STATE

JUDGEMENT

(1.) THE Criminal appeal arises out of the judgment of conviction and sentence dated 29.10.2003 made in Spl.C.C. No.20 of 1994 on the file of the learned Special Judge -cum -Chief Judicial Magistrate, Salem, whereby the accused was convicted for the offence under Section 7 of the Prevention of Corruption Act and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2,500/ - in default in payment to undergo three months rigorous imprisonment and for offence under Sections 13(2) read with 13(1)(d) of the P.C. Act, he was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2,500/ - in default in payment to undergo three months rigorous imprisonment. The sentences are ordered to be run concurrently.

(2.) DURING appeal, first appellant/A1 died and hence, his daughter was impleaded as second appellant/A2. For the sake of convenience, A1 was referred to as "first appellant".

(3.) THE learned Special Judge after following the procedure, framed necessary charges. Since the accused pleaded not guilty, the Special Court examined the witnesses P.W.1 to P.W.13 and marked the documents Exs.P1 to P20 and material objects M.O.1 to M.O.8 and placed the incriminating evidence before the first appellant and first appellant denied the same in toto. On the side of first appellant, D.W.1 and D.W.2 were examined and Ex.D1 was marked. The Special Court after considering the oral and documentary evidence, convicted and sentenced the appellant/accused as stated above.