CHODAGUDI SAMBASIVARAO Vs. STATE

JUDGEMENT

(1.) These two criminal appeals arise out of the same judgment in CC.No. 13 of 1994 dated 18.02.2005 on the file of the Special Judge for SPE and ACB cases, Vijayawada, preferred by Accused Officer No. 2 and Accused Officer No. 1, respectively. Therefore, both the appeals are clubbed and being disposed of by this common judgment. At the relevant time, Accused Officer No. 1 (appellant in Crl.A. No. 627 of 2005) was working as Mandal Surveyor in the office of Mandal Revenue Officer, Narasaraopet and Accused Officer No. 2 (appellant in Crl.A. No. 488 of 2005) was working as Mandal Revenue Inspector in the said office. Both the Accused Officers were tried for offences punishable under Sections 7 and 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988, (for brevity 'the Act') r/w Sec 34 IPC, based on grounds of bribe and trap. They were found guilty and sentenced to suffer rigorous imprisonment for 2 years and also to pay a fine of Rs. 2,500/- each, in default to suffer simple imprisonment for 6 months on each count. Both the sentences are directed to run concurrently.

(2.) Accused Officer No. 1 died during the pendency of appeal on 14.7.2007 and the appeal is pursued by his legal representatives.

(3.) Along with Accused Officer Nos. 1 and 2, one Bezaam Venkateswara Prasannam was also charge sheeted as Accused Officer No. 3. He died before the commencement of trial on 8.02.2000. Therefore the case proceeded only against Accused Officer Nos. 1 and 2.