K BHASKAR REDDY Vs. STATE

JUDGEMENT

(1.) This is an appeal against the convictions and sentences passed in C.C.No.14/80 dated 28.7.1982 on the file of the II Addl. Special Judge, SPE & ACB Cases, Hyderabad. The accused, A-1 and A-2, are the appellants. The accused, A-1, was a U.D. Accountant in the office of the Director of Medical and Health Services at the time of occurrence. A-2 was the Deputy Civil Surgeon, Vayalpad, Government Hospital. Both of them are public servants within the meaning of section 21, I.P.C. It is alleged against A-1 that he procured the transfer orders of A-2 to Kadiri and attempted to obtain Rs.600/- for himself and others as gratification, other than legal remuneration, from A-2, which constitutes an offence under section 161, I.P.C. that A-2 sent a demand draft for Rs.600/- as gratification, other than legal remuneration, to A-1 and others, and thus attempted to bribe A-1 by offering illegal gratification for procuring his transfer and thereby committed an offence punishable undef sections 161 and 165-A, 1PC.

(2.) P.Ws.13 and 14 are inspectors of Police, ACB, who investigated the cases and filed the charge-sheet. During the trial, P.Ws.1 to 14 were examined, and exhibits P-1 to P-18 were marked for the prosecution. On the side of defence, D.Ws. 1 to 6 and Exs.D-1 to D-3(a) were marked. On a consideration of the entire evidence, the lower Court found both the accused guilty of the charges that were framed against them and while convicting them thereunder, sentenced each one of them to undergo imprisonment for three years each and also to pay a fine of Rs.5,000/-. Against these convictions and sentences, the two accused filed this appeal.

(3.) Therefore, the point that arises for consideration in this appeal is whether the prosecution is able to bring home the guilt of the accused-appellants under which they were found guilty, convicted and sentenced?