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2020 Supreme(Kar) 59

K.N.PHANEENDRA
Prakash Madiwalayya Mathapati – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant :Sri Sriharsh A. Neelopant, Advocate
For the Respondent: Santosh B. Malagoudar, Spl. P.P

JUDGMENT :

The appellant is the sole accused before the learned Special (Sessions Judge), Bagalkot (for short ‘trial Court’) in Special Case No. 83/2009. The trial Court vide its judgment dated 01.03.2011 convicted the appellant for the offences 7 and 13(1)(d) r/w Sec. 13 (2) of the Prevention of Corruption Act, 1988 (for short ‘P.C. Act’) and sentenced him to undergo simple imprisonment for four years and to pay a fine of Rs.15,000/-with a default sentence of simple imprisonment for one year for the offence punishable u/S 7 of the P.C. Act and furter sentenced him to undergo simple imprisonment for five years and to pay a fine of Rs.15,000/-with a default sentence of simple imprisonment for one year for the offence punishable u/s 13(1)(d) punishable u/S 13(2) of the P.C. Act.

2. The above judgment of conviction and sentence is called before this Court on various grounds which I am going to discuss little later.

3. During the pendency of the appeal, the original appellant/ accused died. The legal representatives of the deceased appellant filed I.A. Nos.1 and 2/2019 seeking grant of special leave to prosecute the appeal. Vide orders dated 10.04.2019 this Court has allowed I.A. Nos.1 an

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