BALIRAM IRRAPPA KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Bombay High Court upholding the conviction of the appellant for offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (in short the Rs. Act). The learned Special Judge, Osmanabad, convicted the appellant and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- with default stipulation.

(2.) Prosecution version as unfolded during trial is as follows: The appellant was appointed as a Minimum Wages Inspector (Agriculture), in the month of June, 1984, by the Deputy Commissioner of Labour, Aurangabad. At the relevant time he was serving at Osmanabad. The appellant visited the land belonging to complainant, Shivaji Bandu Padwal which is situated at village Upala, taluka and district Osmanabad on 22nd of April, 1989. In fact, this land stands in the name of the wife and two sons of Shivaji Padwal in the revenue record. Laxman Kadam (PW-5) was in the employment of Shivaji Padwal on yearly basis. He was present in the field at the relevant time. Appellant made enquiry with regard to his service conditions. Laxman Kadam (PW5) told that his yearly salary was fixed at Rs. 3,000/-. He did not supply necessary information with regard to holidays and hours of the work. He was not aware about the register to be maintained by the employer with regard to yearly servants.

(3.) Learned Counsel for the respondent on the other hand supported the judgment of the High Court.