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2013 Supreme(Mad) 2266

S.PALANIVELU
State rep. by The Deputy Superintendent of Police, Vigilance & Anti Corruption, Dharmapuri – Appellant
Versus
K. R. Rajagopalan Manager, Dharmapuri – Respondent


Advocate Appeared:
For the Appellant:P. Govindarajan, Advocate.
For the Respondents:R1, Gopinath, Senior Counsel for M/s. N. Mohideen Mathu, R2, A.N. Rajan, Advocates.

Judgment :-

1. This Criminal Appeal is filed against the Judgment dated 31.12.2004 in S.C.No.2/2001 on the file of the learned Chief Judicial Magistrate No.1 cum Special Judge, Dharmapuri at Krishnagiri, Dharmapuri District.

2. Following are the essential details of prosecution case 2 [a] The first accused was working as Manager – Marketing & Services at Tamilnadu Housing Board, Hosur and second accused was serving as Works Assistant, Tamilnadu Housing Board, Hosur. PW2 is the retired teacher whose son name is Jayaprakash Naren. A house was allotted in his name for which the value of the house was paid in instalments. During 1993, such allotment was made to Jayaprakash Naren. He breathed his last on 08.09.1995. For the purpose of transferring the house in his name, PW 2 approached the first accused and asked him to execute sale deed in his favour for LIG Door No.139 house on payment for which the first called second accused and introduced him to PW 2. They requested to produce certain certificates for that purpose. Accordingly, PW 2 arranged the records and on 03.12.1999, he produced the records into the office of the accused. Both the accused checked up the records. The first accus




















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