K.THANKAPPAN,J. - (1.)CRL .A.No.789/2000 is filed by the accused in C.C.11/99 on the file of the Court of the Enquiry Commissioner and Special Judge,Thrissur for setting aside the order of conviction and sentence passed against him and Crl.M.C.Nos.6359 and 824 of 2001 are filed by CW 2,custodian of the documents,and DW 1,Preventive Officer,respectively for expunging the observations made against them.
(2.)CRL .A.No.789 of 2000: - The appellant was charge sheeted under S.7 and 13(1 )(d)read with S.13(2)of the Prevention of Corruption Act,1988,hereinafter referred to as 'the Act ' ;.The allegations against the appellant is that while he was working as Regional Manager,Kerala State Beverage Corporation(M &M)and holding full additional charge of Manager,K.S.B.C,Warehouse,Petta,Tripunithura on 11 -9 -1997 he obtained or accepted illegal gratification to the tune of Rs.12,000/ - from CWs.4 to 9,Hand 14 termed as "Ona Sammanam "as a motive or reward to render some service or to show some favour in the supply of Indian Made Foreign Liquor and committed misconduct by abusing his official position to procure undue pecuniary advantage by illegal or corrupt means and thereby committed the offences.
Prosecution examined PWs.1 to 15 and marked Exts.P1 to P54(a ).On the side of the defence DW 1 - Assistant Excise Inspector was examined and Exts.D1 to D4 were marked.CWs.1 and 2 were examined as court witnesses and Exts.X1 to X13 were marked.Material Objects I and II were also marked.When the appellant was questioned under S.313 of the Code of Criminal procedure,he denied his involvement in the offence and stated that he was in the godown till about 5.30 P.M.on 11 -09 -1997 and he was not aware anything happened in the office.

(3.)ON accepting the prosecution evidence the Trial Court found that the appellant guilty under S.7 and 13(1 )(d)read with S.13(2)of the Act and he was convicted thereunder and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.75,000 / - and in default to undergo simple imprisonment for 1 year under S.7 of the Act and to undergo rigorous imprisonment for 4 years under S.13(1 )(d)read with S.13(2)of the Act.It is ordered that the sentence of imprisonment should run concurrently.Benefit under S.428 CrPC.was granted to the appellant.Aggrieved by the above,the appellant has approached this court by filing the appeal.