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R.MALA
M. S. Kuppusamy (Deceased) – Appellant
Versus
State rep by Inspector of Police – Respondent
1. This appeal has been preferred by the appellants challenging the judgment of conviction and sentence passed against them on 13.04.2005 in C.C.No.17 of 1997 on the file of learned Additional Special Judge for CBI Cases, Chennai. The first appellant who was arrayed as an accused was convicted and sentenced as follows:
| Sections | Sentences |
| 5(2) r/w 5(1)(e) of PC Act, 1947 corresponding u/s 13(2) r/w 13(1)(e) of PC Act, 1988 | Two years R.I, Fine of Rs.5,000/- in default to undergo Simple Imprisonment for 6 months. |
Set off was ordered under Section 428 Cr.P.C.
2. The case of the prosecution based on the prosecution witnesses is as follows:
(a) The first appellant/accused joined the Customs Department as a Lower Divisional Clerk in the year 1956 and was promoted as a Preventive Officer in the year 1974. He is a member of the Hindu Undivided Family. He is the elder son of the family and he had two brother and four sisters. Till the death of his mother in the year 1982, he had 1/8th share in the Hindu Undivided Family properties and after the death,
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