JUDGMENT

Arijit Pasayat, J.-N. Bhargavan Pillai (hereinafter referred to as accused ) as appellant questioned correctness of the judgment rendered by learned Single Judge of the Kerala High Court upholding his conviction under Section 5(2) of the Prevention of Corruption Act, 1947 (in short the Act ) and Section 409 of the Indian Penal Code, 1860 (in short the IPC ). For the offence under the Act, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,00,000/- with a default stipulation of 6 months imprisonment and sentence of one year for the offence under the IPC. Since he died during pendency of the appeal, his legal representatives sought for impletion and have been impleaded.

2. Accusations which led to trial of the accused are essentially as follows:

The accused was employed in the Civil Supplies Department in the rank of Assistant Taluk Supply Officer. He was working as Junior Manager on deputation in the Kerala State Civil Supplies Corporation (in short the Corporation ), at Kowdiar. While he was functioning as such, by Ex. P-19 order dated 14.4.1983 of the Regional Manager, of the Corporation, Thiruvananthapuram he was appointed as Uni