JUDGMENT :

A. BADHARUDEEN, J.

1. 2^nd accused in C.C.No.08/2003 on the files of the Special Judge (SPE/CBI)-I, Ernakulam, impugns the verdict dated 24.12.2009 in the said case, whereby the learned Special Judge tried the 2^nd accused along with the 1^st accused alleging commission of offence punishable under Section 120B r/w Section 409 of the INDIAN PENAL CODE (for short ‘the IPC’ hereinafter) as well as under Section 13 (1)(c) and (d) r/w (2) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act, 1988’ hereinafter) and recorded conviction and sentence against accused Nos.1 and 2 finding that both of them committed offences punishable under (1)(d) r/w (2) of the PC Act, 1988 as well as under Section 120B of the IPC.

2. Heard the learned counsel for the appellant/2^nd accused as well as the learned Special Public Prosecutor appearing for the CBI. Perused the verdict of the Special Court and the evidence available.

3. Here, the prosecution allegation is that, the 1^st accused, who worked as the Branch Manager of Canara Bank, Sulthan Bathery, Wayanad during March, 1999, conspired with the 2^nd accused, who is a builder and the 3^rd accused, who is the Assistant Engineer of th