K MURALI FORMERLY MANAGER STATE BANK OF MYSORE Vs. STATE OF A P REP BY ITS SPECIAL P P FOR C B I CASES HYDERABAD

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the appellant -A-1, who was tried along with A-2 and A-3 by the Court of Special Judge for CBI Cases; Hyderabad in C.C. No.13 of 1999, aggrieved by the judgment dated 25.2.2003 whereby and where under he was found guilty for the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, PC Act) and convicted for the said offence and sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- in default of payment of fine to suffer simple imprisonment for three months, on the grounds, inter alia, that the trial Court failed to appreciate the evidence of prosecution witnesses and also other material on record in proper perspective, and thereby came to a wrong conclusion in finding him guilty for the aforesaid offence. However, the trial court found A-1 to A-3 not guilty of the offences under Section 120-B, A-2 not guilty of the offences under Sections 420 and 468 IPC and A-3 not guilty of the offences under Sections 418 and 420 IPC, acquitted them therefor.

(2.) THE facts of the case in brief are:-

(3.) TAKING into consideration the evidence of prosecution witnesses and other material on record, the trial Court came to the conclusion that the prosecution had failed to prove the charges of criminal conspiracy, cheating and forgery against A-1 to A-3 and accordingly acquitted them of those charges, but the prosecution had proved the guilt of A1 for the offence under Section 13(1)(d) read with Section 13(2) of PC Act, and accordingly convicted and sentenced him by imposing rigorous imprisonment for one year and to pay fine of Rs. 2,000/-, in default to undergo simple imprisonment for three months. The trial Court had also recorded that the said sentence of imprisonment shall run concurrently with the sentence of imprisonment imposed on the appellant - A-1 in C.C. No.8 of 1999 and C.C. No.12 of 1999 which were already disposed of.