Budihal R.B., J.

1. This appeal is preferred by appellant-accused being aggrieved by the judgment of conviction and sentence passed by the Principal Sessions Judge and Spl. Judge, Shimoga in Special (PC) Case No. 5/2007 dated 21.9.2010.

2. The brief facts leading to filing of the criminal case against the appellant-accused are that P.W. 1 one Jagadeesh, G.M. filed the complaint against the appellant-accused as per Ex. P1 to the Lokayuktha Police Inspector, Shimoga alleging that he is working in the P.W.D. department as first class contractor. During the year 2005-2006, he was given the work of road development by the Executive Engineer No. 4, BRRBC Division, Bhadravathi from Gadamghatta to Kempaiah Thokkalu with the estimated cost of Rs. 60,000/- and also the development work of the roads leading to land in Sy. No. 26 of Malligenahalli village with the estimated cost of Rs. 60,000/-. Both the works were given to the complainant on contract basis for an amount of Rs. 59,940/- and Rs. 59,985/- respectively. Work order was also issued in this regard and the complainant has also entered into an agreement in this regard on 21.11.2005. Accordingly, complainant started the said wo