T.ETHISHWAR Vs. STATE OF A.P.

JUDGEMENT

(1.) Criminal Appeal No.375 of 2012 was filed by A1 and Criminal Appeal No.376 of 2012 was filed by A2. Criminal Appeal No.377 of 2012 was filed by A3. Since A3 died, Criminal Appeal No.377 of 2012 stands abated.

(2.) A1, A2 and A3 were convicted for the offences under Ss. 7 and Sec. 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for a period of one year and two years, each, respectively under both counts and A3 was convicted for the offence under Sec. 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and was sentenced to rigorous imprisonment for a period of one year vide judgment in C.C.No.17 of 2007 dtd. 20/4/2012 passed by the First Additional Special Judge for SPE and ACB Cases-cum-V Additional Chief Judge, City Civil Court, Hyderabad. Both the appeals filed by A1 and A2 are heard together and disposed off by way of this Common Judgment.

(3.) A1 worked as Town Planning Officer, A2 worked as Town Planning Supervisor and A3 as attender in the Qutbullahpur Municipality office. Briefly, the facts of the case are that the defacto complainant is P.W.1 namely Mohd.Moinuddin. He purchased a plot bearing No.1 admeasuring 167 sq.yds in Venkatram Nagar Colony at Suraram, in the year 1997 in the name of his mother Smt.Sadath Bee. About six months prior to complaint, NSR Raju constructed a compound wall by occupying the road and caused obstruction to their ingress into their plot by claiming that he was issued with a patta certificate for the said land by the Revenue Authorities. P.W.1 approached Junior Civil Judge Court Medchal, Ranga Reddy District and filed a case vide OS No.369 of 2005 and on 16/11/2005, the same was decreed by the Court in their favour by issuing perpetual injunction.