N. VISWANADHAM Vs. STATE OF A. P.

JUDGEMENT

(1.) The appellant is questioning his conviction recorded under Ss. 7 and Sec. 13(1)(d) punishable under Sec. 13(2) of the Prevention of Corruption Act and sentencing him to undergo rigorous imprisonment for a period of 1-1/2 year and also to pay fine of Rs.2,500.00 under each count vide judgment in C.C.No.3 of 2004 dtd. 2/4/2008 passed by Principal Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad.

(2.) Briefly, the case of the prosecution is that the appellant was working as Deputy General Manager and Project Officer, Singareni Collieries Company Limited, Kothagudem. P.W.1/defacto complainant was a partner of M/s.B.Girijapati Reddy and Company, Nellore, who was executing subject contract given by M/s.ABC Engineering Works, Vijayawada. The contract work involved blast holes drilling, excavation, loading, transportation and dumping etc., at Goutham Khani Open Cast Project, Singareni Collieries Company Limited. The duty of the appellant as General Manager, who was in charge was to provide with sufficient blasted rock, sufficient area for drilling operation, arranging for transportation of vehicle. According to the case of the prosecution, the appellant was troubling the contractors without providing sufficient material and area for the purpose of operation. On account of the acts of the appellant, the contractors sustained losses.

(3.) P.W.1 met the appellant at his office on 19/9/2002 and requested for providing sufficient blasted rock and area for operation, for which, the appellant demanded bribe of Rs.50,000.00 and informed that if the demand is not met, he would further create problems which would result in loss to the contractors. P.W.1, thought it fit to complain about the demand to the ACB and approached the DSP ACB on 3/10/2002 and lodged Ex.P1 complaint. P.W.1 narrated in the complaint that the appellant who was in-charge for Singareni Collieries was creating trouble while he was executing the contract work. The contract was given to ABC Engineering Company. P.W.1 entered into MOU with ABC Engineering Company to execute 80% of the work. The appellant demanded an amount of Rs.50,000.00 not to create hurdles and provide necessary area for operation etc to execute the contract.