JUDGMENT

Dated this the 24^th day of November, 2025

These criminal appeals have been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘ Cr.P.C .’ for short) by accused Nos.1 and 2 respectively in C.C.No.239/2008 on the files of the Special Court, Kottayam, challenging the conviction and sentenced imposed against them as per judgment dated 12.04.2010.

2. Heard the learned senior counsel for the appellants/accused Nos.1 and 2 and the learned Public Prosecutor in detail. Perused the impugned verdict and the decisions placed by the learned senior counsel for the accused.

3. The prosecution case is that the 1^st accused, while working as Village Officer, and 2^nd accused, while working as Village man in Konny village, being public servants, entered into criminal conspiracy. In pursuance of the said conspiracy, on 26.02.2004, the 2^nd accused demanded ₹500 from Sri.Saseendran for himself and for the 1^st accused, and he accepted ₹200 from Sri.Saseendran on the same day, as illegal gratification for effecting mutation in respect of 11.5 cents of property in survey No.500/3/H/1/1 Konny village owned by Sri.Saseendran. The further case of the prosecut