S R ARAVAMUTHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered by the Chief Judicial Magistrate, Tirunelveli, in Special Case No.3 of 1988 dated 16.12.1989 finding the appellant guilty for the offences under Secs.5(2) read with 5(1)(d) of the Prevention of Corruption Act, and Sec.161 of the Indian Penal Code and whereupon, convicted and sentenced him to undergo rigorous imprisonment for a period of one year with a fine of Rs.500 in default of payment of which, to undergo rigorous imprisonment for a period of three months for the offence under Sec.5(2) read with 5(1)(d) of the Prevention of Corruption Act, and convicted and sentenced him to undergo rigorous imprisonment for a period of one year for the offence under Sec.161 of the Indian Penal Code and ordered the substantive sentences to run concurrently.

(2.) P.W.1 by name Thiru Ayyathurai along with P.W.

(3.) ON 12.10.1987 itself the accused had instructed P.W.5 to prepare the proceedings to make the deposit inStateBank of India regarding Ex.P- 7. and accordingly, P.W.5 prepared the proceedings and handed over it to the accused. ON 13.10.1987 at 12 noon, P.W.6 the Office Assistant by name Kaza Mohideen brought and handed over the file Ex.P-7 to P.W.5 in which the accused had signed. The note order regarding the deposit to be made towards theStateBank of India was the one written by P.W.5 on handing over the orders regarding G.S.T. and R.C. P.W.5 got acknowledgment from P.W.1. After completing the job with P.W.5, P.W.1 came out along with P.W.2 showed the signal as instructed. It was followed by P.W.10 and P.W.2 enter the office room of accused. When P.W.1 had been to his house: