KRISHNA GOVIND PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Special Case No. 5 of 1966, four persons (referred to hereinafter as A-1 to A-4) stood their trial before the Special Judge, Kolhapur on charges under Ss. 120 B, 166, 167, 218, 447 and 109 of the Penal Code and under S. 5 (1) (d) read with S. 5 (2) of the Prevention of Corruption Act.

(2.) The Special Judge found that the prosecution had failed to establish conspiracy and therefore acquitted all the four accused of the charge under S. 120B, Penal Code. But he convicted the accused on other charges, the particulars of which may for brevity's sake be stated as follows.

(3.) The four accused appealed In the High Court against the orders of conviction and sentences passed against them. A-1 died pending the appeal, and therefore, the appeal filed by him abated. As regards the appeals of the rest of the accused, the High Court substantially agreed with the findings of fact given by the Special Judge, but modified to a certain extent the orders of conviction passed by him and also reduced the sentences awarded to them partly on the ground that considerable time has elapsed since the offences were said to have been committed and partly owing to the loss attempted to have been caused to Government being of a comparatively small amount. The result of the appeals of A-2 may be seen from the following: