STATE BY PUBLIC PROSECUTOR, MADRAS Vs. DURAISAMI

JUDGEMENT

(1.) THIS appeal by State is directed against the judgment made in S.C. No. 109 of 1989 on the file of the Chief Judicial Magistrate, Erode, seeking to set aside the order of acquittal and praying to convict the respondent/accused for the offences under Section 161 I.P.C. and Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act' ).

(2.) ACCORDING to the prosecution, Mr. Doraisamy, Assistant Executive Engineer, Public Works Department, Kangeyarn, Periyar District, demanded and obtained a total sum of Rs. 1500/ - in three installments of Rs. 500/ - each on 26.2.1988, 14.3.1988 and 16.3.1988 from M. Govindasamy (P.W.1) of Pappavalasu, Anjur Village, Karur Taluk, for making available more water in the LBP Canal for the tail -end farmers of that village.

(3.) DURING the trial, P. Ws.1 to 10 were examined on the side of the Prosecution and Exs.P1 to P16 were marked. On the side of the defence, D. Ws.1 and 2 were examined and Exs. D1 to D3 were marked.