T. VISHWANATH AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed by the appellant -accused being aggrieved by the judgment of conviction and order of sentence dated 25.8.2010 passed in Special Case No. 22/2007 on the file of the IV Addl. District Judge & Special Judge, Belgaum.

(2.) THE facts to be stated in brief are as follows: The complainant Kallappa Ramappa Sangolli, a resident of Linganmath, Khanapur Taluk lodged a complaint alleging that he is the owner of Sy. No. 97 measuring 2 acres 35 guntas in Gundolli village. He got a borewell drilled in his land through Patil Bore -wells of Alnavar. In order to fix pump -set and lift the water, he approached Dr. B.R. Ambedkar Development Corporation Ltd., for financial assistance. It is stated, the appellant No. 1 was a District Manger and Appellant No. 2 was Taluka Development Officer of the said Corporation. They assured the complainant to reimburse the amount of drilling cost. On 21.12.2005 when the complainant was working in his land, some of the officials on behalf of Appellant No. 2 approached him and obtained signatures on certain documents and he has also deposited Rs. 50/ - on the same day. The appellant No. 3being the proprietor/Manager of M/s. Sindhu Borewells on or about 5/1/2006 in collusion with appellants No. 1 & 2 cheated the complainant and also government, dishonestly induced the complainant to deliver the documents through Patil Borewells of Alnavar and got deposited from the complainant an amount of Rs. 11,422/ - towards loan and KPTCL charges and with an intention to defraud the Corporation/Government as well as the complainant created the documents to show that the appellant No. 1 issued work order to appellant No. 3 on 21.12.2005 to drill the bore -well and appellants 1 & 2 certified having drilled the borewell in complainant's land on 6.1.2006 and appellant No. 3 submitted invoice for Rs. 24,726/ - dated 30.1.2006 towards drilling charges, casing pipe etc., knowingly that bore -well was already got drilled conspiring themselves to cheat the complainant and misappropriated the government funds, thereby the appellants -accused have committed the offences Punishable under Sections 420, 477A, 120B read with Section 34 IPC and appellants 1 and 2 also are punishable under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988.

(3.) TO prove the guilt of the appellants, the prosecution has examined in all seven witnesses as PW -1 to PW -7 and got marked 18 documents as Ex.P1 to P18. PW -1 and 2 are panch witnesses to the seizure mahazar. PW -3 is the complainant. PW -4 is the person who has drilled borewell in the land of the complainant. PW -5 and PW -6 are the investigating officers. PW -7 is the Managing Director of the Corporation who has issued sanction order for prosecution. Out of the documents, Ex.P1 is Seizure Panchanama, Ex.P2 document in respect of the Corporation, Ex.P3 spot panchanama, Ex.P4 and P5 photos, Ex.P9 complaint, Ex.P10 FIR and Ex.P18 a sanction order.