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2009 Supreme(SC) 466

ARIJIT PASAYAT, ASOK KUMAR GANGULY
State of A. P. – Appellant
Versus
M. Radha Krishna Murthy – Respondent


Advocates appeared:
For the Appellant :I. Vendata Narayana, Sr. Advocate, D. Bharathi Reddy, Advocates.
For the Respondent:A. Subba Rao, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court directing acquittal of the respondent who was convicted by a learned Special Judge for SPE and ACB Cases for offence punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the ‘Act’). The respondent was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/- with default stipulation.

2. Background facts in a nutshell are as follows:

The accused was working as Excise Inspector, Jogipet, Medak District and joined in Government service as L.D.C. on 27-12-1962 in the office of Excise Superintendent. Medak District. Later he was promoted as Excise Sub-Inspector on 2-11-1971 and as Excise Inspector on 9-7-1985. He worked as Excise Inspector at Jogipet, Medak District from 8-4-1987 to 15-7-1989. He held Additional charge of the post of Tekmal Excise Range. Thus, he is a “public servant” within the meaning of Section 2 (c)(i) of the Act. One Sri Goundla Joginath Goud, son of Yella Goud is a resident of Muslapur village. He and his father were running a toddy s



















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