P VENKATA NARASAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS is an appeal filed by the accused in C.C. No. 33/87 (Old Case No. 49/87) on the file of the First Additional Special Judge for S.P.E. and A.C.B. Cases, Hyderabad against the judgment dated 20th July, 1991 by which both the accused were found guilty of offences under Section 161 IPC and Section 5(1) r/w 5(1)(a) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 10,000/ - each, in default to suffer simple imprisonment.

(2.) THE first accused was Sub -Treasury Officer at Chandigarh. The second accused was Accountant in the same office. The substance of accusation against them is that both of them demanded and accepted illegal gratification for payment of arrears of pension from PWs 1 to 6 and three others on different dates. Hence, a charge under Section 161 of the Indian Penal Code and another charge under Section 5(2) r/w 5(1)(a) of the Prevention of Corruption Act (hereinafter referred to as 'the Act') was framed against them.

(3.) THE prosecution examined eight witnesses in order to establish the charges framed against the accused. The case for prosecution as disclosed from the evidence of these witnesses is in brief as follows. In the year 1985 there was a revision of pension payable to the retired employees by G.O.Ms. No. 143 dated 30.3.1985. According to this G.O. the pensioners were entitled for arrears of pension at the revised rates from 1.4.1978. In pursuance of it, the Sub -Treasury Officer obtained option forms from the pensioners in pursuance of the circular issued by the District Treasury Office. PWs 1 to 6 are some of the pensioners. They also filed option forms. The appellants are said to have demanded and accepted illegal gratification ranging from Rs. 150/ - to Rs. 400/ - from PWs 1 to 6 and some others during the period from 10th June, 1985 to 22nd June 1985 for paying arrears of pension. As per the charge, the appellants in their official capacity were alleged to have demanded and collected the amounts from the following pensioners and the amounts shown against each of them on the respective dates for payment of arrears of pension due to them for the period from April, 1978 to May, 1985. PW -1 - Rs. 200/ - dated 13.6.1985 PW -2 - Rs. 300/ - dated 11.6.1985 PW -3 - Rs. 200/ - dated 10.6.1985 PW -4 - Rs. 600/ - dated 11.6.1985 PW -5 - Rs. 200/ - dated 19.6.1985 PW -6 - Rs. 200/ - dated 10.6.1985 Chinta Venkata Reddy - Rs. 200/ - dated 11.6.1985 Smt. Shaik Zainobi - Rs. 150/ - dated 22.6.1985 G. Narasaiah - Rs. 300/ - dated 11.6.1985