DATTAJIRAO BHAUSAHEB PATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave of Dattajirao Patil, who at the material time was the Circle Inspector of the Up Ghat Circle comprised in Bavada Mahal in Kolhapur District, from the judgment of the Bombay High Court upholding his conviction and sentence by the Special Judge on various charges which will be presently noticed.

(2.) Four persons, namely, the appellant, H.G. Kadam the Talathi, N.R. Chaugule the Round Forest Officer and R.S. Bhambure the Forest Contractor, were tried on charges of conspiracy Under Section 120B read with Sections 167, 218 of the Penal Code, 1860 and Section 5(1)(d) of the Prevention of Corruption Act, 1947 The last two were charged as abettors of the offence of conspiracy and there was also an alternative charge against them of the substantive offence Under Section 5(1)(d) of the Corruption Act. The Special Judge acquitted all the accused persons of the charge of conspiracy. He convicted the appellant and Kadam of the offences Under Sections 167 and 218 of the Penal Code and Section 5(1)(d) of the Corruption Act and sentenced them to three years' rigorous imprisonment on each count, the sentences to run concurrently Chaugule was convicted Under Section 5(1)(d) of the Corruption Act and sentenced to three years. In addition he was also convicted Under Section 109 read with Sections 167 and 218 of the Penal Code and sentenced to two years' rigorous imprisonment, the sentences being councurrent. Bhambure was convicted Under Section 109 read with Sections 167 and 218 of the Penal Code and sentenced to three years rigorous imprisonment. The High Court, on appeal, acquitted Chaugule and Bhambure but confirmed the conviction and the sentence of the appellant and Kadam. Kadam does not appear to have filed any appeal.

(3.) In the year 1960 the State Government had decided to allot cultivable waste land to land less poor persons in villages Nargelli. Taliya, Lakhamapur and Borbet. In the present appeal we are concerned mainly with the distribution of land in the last village. Initially the date fixed for completing the disposal of the land was 31st March, 1962. However on January 4, 1961 the Government passed a resolution saying that it was not desirable to wait till then. It has been suggested that apparently this was done keeping in view the elections which were to take place in February 1962. The procedure was simplified and it was directed that all cultivable waste land should be distributed permanently to the landless persons as early as possible and under any circumstances before the ensuing monsoon which meant June-July of the year 1961. It was stated, interalia, in the resolution that where there were some valuable trees it would be desirable to recover from the allottees the value of such trees which would be determined with the help of the Forest Department. In order that the disposal of the land should not be delayed on account of valuation of such trees it was directed that in the agreement to be executed a condition should be inserted that the allottee shall abide by the valuation of such trees and pay the valuation when called upon to do so. The allottees were to be made responsible for the protection of the trees standing on the land allotted to them till the final decision regarding their disposal.