COMMON JUDGMENT

Accused 1 and 2 in C.C.No.2 of 1999 on the file of the Enquiry Commissioner and Special Judge, Thrissur charged with offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, “the Act”) and Section 120B of the Indian Penal Code (in short, “IPC”) have come up in appeal. The trial court convicted the appellants under all the counts. Hence the appeal, challenging the conviction and sentence. Records show that as per order on Crl.M.P.No.1180 of 2001 in Cr.Appeal No.144 of 2001 and Crl.M.P.No.1179 of 2001 in Crl.Appeal No.147 of 2001, a learned Single Judge of this Court had passed orders staying the conviction of the appellants till the disposal of the appeals. For the sake of clarity, the appellants are referred to as accused 1 and 2 hereinafter.

2. Facts in brief relevant for disposal of the cases are as follows:

Originally there were three accused in the crime. Pending trial, the 3rd accused died. Accused 1 and 2 stood the trial. 1st accused at the material time was working as Assistant Executive Engineer and the 2nd accused as Sub Engineer in the Electrical Major Section at Chelakkara of the Kerala State Electr