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2004 Supreme(SC) 1424

A.K.MATHUR, B.N.AGARWAL
State of A. P. – Appellant
Versus
S. Janardhana Rao – Respondent


JUDGMENT

B.N. Agrawal, J.-Initially four persons, namely, S. Janardhana Rao (A-1), Mohammed Omar Bin Moin (A-2), S. Indira (A-3) and S. Prasanth (A-4) were made accused, but as A-2 turned to be an approver, pardon was granted to him and he was examined as PW-21. Thus, trial proceeded against the remaining three accused persons and the learned Special Judge upon the conclusion of trial acquitted A-3 and A-4 whereas convicted A-1 under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/-; in default to suffer simple imprisonment for a period of two months on each count. The sentences, however, were ordered to run concurrently. Against the order of conviction, A-1 preferred an appeal before the High Court of Andhra Pradesh whereas the State preferred an appeal against the order of acquittal of A-3 and A-4 and the High Court dismissed the State appeal whereas allowed the appeal filed by A-1 and acquitted him of all the charges. The State of Andhra Pradesh filed two petitions for grant of Special Leave to appeal; one against the order whereb




















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