K MUNIRATHINAM Vs. STATE

JUDGEMENT

(1.) The appellants herein are the accused in C.C.No.32 of 2005 on the file of Additional Special Judge for CBI cases at Chennai. The trial Court has found A-1[K.Munirathinam] guilty of offences under Sections 120 B IPC r/w 7 and 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced him to undergo imprisonment for a period of 2 years and imposed fine of Rs 30,000/- in default to undergo imprisonment for a period of 6 months and found A-2[A.Sekar] guilty of offences under Sections 120B IPC r/w Section 7 of Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment for a period of one year and imposed fine of Rs.20,000/- in default, to undergo imprisonment for a period of 6 months.

(2.) Brief facts leading to the appeal:

(3.) Thiru.N.Dhamodaran was not willing to pay bribe to STD booth, so contacted CBI office at Chennai over phone. As per the instruction, he got from the CBI office, Thiru.N.Dhamodaran met Thiru.Balasubramaniam[PW-7], Inspector of CBI on 27/06/2003 at Thiruvannamalai Railway Station retiring room. As per instruction of Thiru.Balasubramaniam, trap was laid. Thiru.Dhamodaran[PW-4] went to the SDO office along with the decoy witness Mr.R.Krishnamoorthy[PW-3]. He met A-1[Thiru.K.Munirathinam] at 9.25 am. When A-1 [Thiru.K.Munirathinam] demanded Rs.1,000/-, Thiru.N.Dhamodaran gave the tainted money to him. After accepting the money, A-1[Thiru.K.Munirathinam] returned back to Thiru.N.Dhamodaran with an advise to hand over the bribe money to A-2[Thiru.A.Sekar], who in pursuance to the criminal conspiracy demanded and accepted the bribe money of Rs.1,000/- from Thiru.N.Dhamodaran and kept it in his pocket.