P RANGA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The 2nd accused (A-2) is the appellant. He was convicted by the Additional Special Judge for SPE and ACB Cases, Hyderabad by judgment dated 26.02.2007 in C.C. No. 2 of 2004 for the offence under Section 7/13(2) of the Prevention of Corruption Act, 1988 (in short, the Act) and was sentenced to Rigorous Imprisonment for 6 months and pay fine of Rs. 500/-

(2.) The appellant/A-2 was working as Superintendent in the office of M.P.D.O., Kolimigundla, Kurnool District. A-1 was the then Mandal Parishad Development Officer, Kolimigundla Mandal. After filing the case in the lower court, A-1 died and so the case against A-1 stood abated. A-2 alone went for trial in the lower court. P.Ws.1 and 2 were nominated as Convenors by the Village Committees for execution of community works in their respective villages of Yerragudi and Thimmanayunipeta at the estimated cost of Rs. 1,50,000/ - and Rs. 75,000/ - respectively. It is alleged that on 16.07.2002 when P.Ws.1 and 2 approached A-1 and handed over bills and 'M' books for issue of cheques for the balance amount of Rs. 55,000/ - to P.W.1 and Rs. 27,487/ - to P.W.2, A-1 demanded illegal gratification of Rs. 2,500/ - from each of them for passing bills and to issue cheques and that on bargaining, A-1 agreed to receive Rs. 1,500/ - each from P.Ws.1 and 2 and that A-2 also demanded Rs. 500/ - from P.W.1 for processing the bill for issue of cheque to P.W.1 and that in unavoidable circumstances, P.Ws.1 and 2 agreed to pay demanded bribes to A-1 and A-2. Unwilling to pay the bribe to A-1 and A-2, P.W.1 gave Ex.P-1 written report to P.W.10 on 18.07.2002. It is alleged that on 19.07.2002 at 05.15 p.m P.Ws.1 and 2 paid Rs. 1,500/ - each to A-1 who kept the same in his shirt pocket and directed A-2 to deliver the cheques and that A-2 called P.Ws.1 and 2 to his office and accepted bribe of Rs. 500/ - from P.W.1 and kept the same in his right side pant pocket and delivered the cheques to P.Ws.1 and 2 respectively. Immediately the raid party consisting of P.Ws.3 and 10 and others entered the scene and caught A-1 and A-2 red-handed.

(3.) The lower court framed charges under Sections 7 and 13(1)(d)/13(2) of the Act against A-2 who pleaded not guilty of the charges. After trial, the lower court found A-2 not guilty of the offence under Section 13(1)(d)/13(2) of the Act, but found him guilty of the offence under Sections 7/13(2) of the Act; and passed the above said conviction and sentence against A-2.