R SWAMINATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE sole accused, R. Swaminathan, preferred this appeal challenging the conviction and sentence imposed on him by the learned Special Judge-cum Chief Judicial Magistrate Villupuram, Division, Villupuram, in Spl. Case No. 1 of 2000 dated 29.11.2000 convicting the appellant for the offence under Sections 7,13 (1) (2) and 13(1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and sentencing him to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/- in default, three months simple imprisonment for the offence under Section 7 of the Act, and also sentencing him to ?.. years rigorous imprisonment and to pay a fine of Rs.5,000/- in default, two months simple imprisonment.

(2.) THE appellant died pending trial and his legal heirs impleaded as per the order of this Court dated 20.11.2007.

(3.) WHEN the accused was questioned under Section 313 Cr.P.C. the accused has denied each and every incriminating circumstances put to him as false and contrary to the facts. It is stated by him in his written statement that he has instructed P.W. 2 to bring only the tax amount of Rs.2,100/- and on the date of trap P.W.2 has placed that amount in front of him and while he got up to take the receipt book for preparation of the receipt, the raiding party entered inside his room along with P.W.2. Thereafter, he took that amount of Rs.2,100/- placed in front of him and while he attempted to return that amount to P.W.2 he ran away from that place and he was caught by the raiding party. He has stated that he has not received any bribe amount. It is further stated by him that due to previous enmity between himself and P.W.2 as P.W.2 demanded him to change the patta in his name in respect of his father-in-law's property and as he has refused, P.W.2 foisted the false case against him.