M KOLLAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant is the sole accused in Special c. C. No. 2 of 1994 on the file of the I additional Sessions Judge-cum-Chief judicial Magistrate/special Judge, Coimbatore. The appeal is filed against the judgment dated 10. 6. 1997 convicting and sentencing the appellant to undergo rigorous Imprisonment for a period of one year each for the offences under Sections 7 and 13 (2) read with Section 13 (l) (d) of the prevention of Corruption Act (hereinafter referred to as 'the Act'), which are to run concurrently, and to pay a fine of rs. 2,000 and Rs. 3,000 for the offences under Sections 7 and 13 (2) r/w Section 13 (l) (d), respectively of the Act, in default, to undergo Rigorous Imprisonment for a period of three months each.

(2.) THE case of the prosecution is that the appellant/accused (hereinafter referred to as 'the accused') was a Bill collector in. Samalapuram Town panchayat; that he being the Public servant, when P. W. 2 Selvamani met the accused on 1. 3. 1993 in connection with the notice dated 18. 02. 1993 issued by the executive Officer, Samalapuram Town panchayat, demanded a sum of Rs. 500 as bribe, besides the water charges of rs. 360, stating that out of Rs. 500, Rs. 300 is to be paid to the Executive Officer of the Town Panchayat and threatened that if the amount is not paid, the water connection given to him will be disconnected; that pursuant to the same, he received a sum of Rs. 500 from P. W. 2 and also rs. 10 as bribe amount and issued a receipt towards property tax for Rs. 41. 25 and out of Rs. 50, he did not return the balance of Rs. 8. 75; and that the accused, in order to avoid disconnection of water supply and also to reduce the house tax as rs. 41. 25, has totally received a sum of rs. 518. 75 by way of bribe and accordingly, the charge sheet has been filed against him after obtaining sanction from the collector, P. W. 1.

(3.) IN order to prove the case of the prosecution, P. Ws. 1 to 15 were examined and Exs. P-1 to P-31 were marked besides m. Os. 1 to 9.