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2021 Supreme(Kar) 459

K.SOMASHEKAR
Krishna Murthy S/o H. K. Dasappa – Appellant
Versus
State by Karnataka Lokayukta Police Tumkur By State Public Prosecutor – Respondent


Advocates Appeared:
For The Appellant :Sri. H.C. Shivaramu -Advocate
For The Respondent: Sri. Venkatesh S. Arabatti – Spl.P.P.

JUDGMENT :

This is a classic appeal by challenging the judgment of conviction and order of sentence rendered by the trial Court in Spl.C.No.72/2006 dated 20.12.2011 convicting the accused for the offence punishable under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988. The accused was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/-and rigorous imprisonment for four years and to pay fine of Rs.5,000/-with default clause for the offence punishable under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act 1988.

2. Whereas learned counsel for the appellant seeking to consider the grounds as urged in this appeal and consequently, to set-aside the judgment of conviction and order of sentence rendered by the trial Court relating to the aforesaid offences amongst the grounds urged therein.

3. Heard, learned counsel Sri H.C.Shivaramu for the appellant and learned Spl.PP Sri Venkatesh S.Arbatti for respondent – Lokayukta. Perused the judgment of conviction and order of sentence rendered by the trial Court in Spl.C.No.72/2006 dated 20.12.2011.

4. The factual matrix of the appeal are as under:

    It is transpired in the case

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