K M RAMALINGAM Vs. STATE

JUDGEMENT

(1.) THE appellant herein stands convicted by the Chief Judicial Magistrate, Special Judge, Cuddalore in Special Case No.1 of 2000 for offences under Section 7 and 12(2) r/w 13(d) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- and in default to undergo rigorous imprisonment for six months for the offence under Section 7 of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/- and in default to undergo six months rigorous imprisonment for the offence under Section 13(2) r/w Sec.13 (1)(d) of the Prevention of Corruption Act(Act 49 of 1988) and the sentences are ordered to run concurrently.

(2.) THE case of the prosecution, in brief, is that P.W.1 Thangaraj who is the resident of M.Pudhur was owning a land of six acres and doing agriculture by having a motor pump set. In the year 1998, he had applied for Electricity connection for the pump set in the S.No.44/14 and Ex.P.1 is the application. On 04.12.1998, he received a letter Ex.P.2 from Divisional Engineer's Office that he must register his readiness within 90 days by producing the records. THEn he went to the Office of the Electricity Board at Nallur and met one Murugesan and informed him that he wanted the Electricity connection to the land at Service Connection No.44/7 instead of No.44/14. THE said Murugesan informed him about the records which are wanted and he made a note of it in Ex.P.3. THErefore, he went to the Village Administrative Officer and received all necessary documents for that land and then he met the Murugesan and also accused, Junior Engineer Ramalingam. THEn he was informed that to get the service connection for S.No.44/7, he has to give a fresh application along with certificate given by the Village Administrative Officer. Ex.P.10 is the fresh application given by him. He was informed by the accused-Junior Engineer and also by Murugesan that they have to visit the land. After visiting and inspecting the land, they informed that though there was a borewell in S.No.44/14, S.No.44/7, it is necessary. THEreafter for four or five days, he dig the bore-well for a depth of 45 feet, and on 24.12.1998, he went and met the accused. P.W.11 Narayanasamy also accompanied him. P.W.1 informed the accused about the bore-well at S.No.44/7 and asked him to visit the field. THE accused informed him that he must give an application to the Divisional Engineer's Office. THEn application Ex.P.11 was prepared by one Pachamuthu being dictated by the accused and the accused signed in the application and handed over to the accused. As the accused wanted a sum of Rs.50/- to be paid as the fees P.W.1 paid the amount to the accused in turn the accused called the wiremen Sivalingam and handed over it to him. He issued Ex.P.12, receipt. On 25.12.1998, the accused and the Murugesan came in a Motorcycle to inspect the land and then after inspecting the land, the accused asked him to come to his house on the next day. on 26.12.1998 at about 7.00a.m, P.W.1 went to the house of the accused along with P.W.11. P.W.1 wanted him to register for the service connection. At that time, the accused demanded a sum of Rs.2000/- for registering for the service connection No.44/7. THE accused also informed P.W.1 to meet him only at his residence either before 8.00a.m., or after 7.00p.m. As P.W.1 had no money, he had to borrow money as loan. On 29.12.1998, he went to the vigilance office at Cuddalore at 4.00p.m. and gave complaint to the Inspector of Police and Ex.P.15 is the complaint. THEn P.W.10, Inspector of Police registered the case in Crime No.12/AC/98/CL and Ex.P.47 is the First Information Report. THEn P.W.10 arranged for the witnesses. P.W.3 and another person came there and they were introduced to P.W.1. THEy were all explained about the Phenolphthalein test. THE phenolphthalein currency notes were handed over to P.W.1. P.W.3 was also instructed to accompany P.W.1 and watch the transaction. P.W.1 was also instructed to give signal after paying the amount on demand. THE entrustment mahazar Ex.P.16 was prepared on 29.12.1998. P.W.1 stayed in the office of P.W.10. On the next day, i.e., on 30.12.1998 at 6.30a.m., P.Ws.1,3,10 and others went to the house of the accused. At that time, three more persons were standing outside the house of the accused. At about 8.00a.m., P.Ws.1 and 3 went inside the house of the accused. THE accused was writing something else and he asked P.W.1 whether he brought the money. As P.W.1 said that he had brought the money, the accused demanded the money to be paid and P.W.1 gave M.O.1 series Rs.2000/- and the accused receiving the money in his hand, kept it inside a book which was on the sofa. THEn P.W.1 came out of the house and gave the prearranged signal by wearing the towel around the head as a turban. THEn immediately P.W.10 and others rushed to the house of the accused. P.W.10 introduced himself and others. P.W.1 was sent out side. Sodium Cabonate solution was prepared. THE accused was asked to dip his right hand finger and it turned pink. As the accused was questioned with regard to the money, he handed over the money taking out from the book M.O.4. THE other documents were seized by P.W.10. THE recovery mahazar also was prepared. THE accused also signed after received a copy of the recovery mahazar. THE house of the accused was searched. Subsequently the investigation was handed over to P.W.12, Deputy Superintendent of Police. P.W.12 examined the witnesses and on completing the investigation, laid the final report.

(3.) ON the side of the defence, the accused also examined two witnesses. D.W.1 who is also an agriculturist, had stated that the accused and the said Murugesan came and inspected the land of P.W.1. D.W.2 who is the Junior Engineer at Veppur Power Station, had stated that on 26.12.1998, the Chief Engineer visited their Office and the accused was present on that day from 7.00a.m., to 5.45p.m., at Veppur Power Station. The trial Court after considering the evidence convicted the accused.