K.G.BALAKRISHNAN, A.R.LAKSHMANAN
DURAISAMI – Appellant
Versus
State Of T. N. – Respondent
ORDER
1. The appellant was an Assistant Executive Engineer in the Public Works Department at Kangeyam, Periyar district in Tamil Nadu. During the relevant period the appellant was in charge of releasing of water from LBP Dam at Bhavani Sagar Project at Chennanamalai division. The cultivators of that area had grievance that the accused was not releasing sufficient water for irrigation purpose and PW 1 M. Govindasamy alleged that the appellant had demanded Rs 1500 as bribe for releasing water to the cultivators. He made a complaint and a trap was laid on 16-3-1988. PW 1 gave Rs 500 to the appellant and the police party who were waiting thereby effected recovery of the alleged tainted amount from the appellant and a case was registered against him. The appellant admitted the receipt of Rs 500 from PW 1 but he contended that he had sold Indira Vikas Patras to PW 1 on 1-12-1987 and for which he had not paid the money and the amount which was paid on 16-31988 was the value of those Indira Vikas Patras. The appellant produced a Exhibit P-16, communication sent by him to his immediate superior. The trial court accepted the explanation of the appellant and acquitted him of all the charges
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