SHIVANAND N. BHOMKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Out of the above three appeals, the first appeal in Crl.A.No.2812/2012 is preferred by the appellants/ accused Nos.1 and 2 and the another connected appeal in Crl.A.No.2814/2012 is preferred by appellants/ accused Nos.3 and 4 and Crl.A.No.2799/2013 is preferred by the Lokayukta Police. Since all these three appeals are arising out of the common judgment dated 09.08.2012 passed by the learned District and Sessions Judge and Special Judge, Belagavi in Special Case No.161/2010 and since common questions of law and facts are involved in the above three appeals, they have been taken together to dispose of them by this common judgment in order to avoid repetition of discussion.

(2.) The case of the prosecution before the trial court that the Police Inspector, Belgaum Lokayukta Police Station submitted the charge sheet against the accused alleging that they have committed the offences punishable under Section 7 and Section 13(1) (d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 and under Section 8 of the Prevention of Corruption Act r/w 34 of the I.P.C. It is stated that accused No.1 was working as Senior Motor Vehicle Inspector while accused No.2 was working as Motor Vehicle Inspector in R.T.O. Check-post at Kugnolli attached to R.T.O., Belgaum, that they have been posted along with other ten Motor Vehicle Inspectors for verifying the documentations of the vehicles entering the State of Karnataka from border State of Maharashtra and everyday about 2500 transport, non-transport and goods vehicles passes through the said check-post in National Highway 4. That accused were under duty to check and verify the documentations and required to collect fine and penalty from the vehicles violating the rules and regulations and credit the same to the Government. It is also the allegation that accused used to take disadvantage of their position as public servants and by abusing their post they used to harass the drivers of certain vehicles who were even having proper documentation and letting them inside the State of Karnataka by receiving illegal gratification. That the complainant/Investigation Officer has received a credible information in this regard and he has also enquired with some of the drivers who have passed through RTO check-post and got confirmed regarding illegal demand on the part of the accused. Then he lodged the complaint as per Ex.P42. With the assistance of Superintendent of Police, Lokayukta Belgaum, he along with other staff members from Bagalkot and other places of Lokayukta Police and on 07.09.2008 night at 8' O clock along with panchas they have raided the RTO check-post in Kugnolli wherein they found accused privately and they were found in excess amount of Rs.1,24,495/-, which was received from various drivers of the vehicles passes through the said check-post apart from the legal amount of Rs.2,43,845/- received towards the tax and penalty and accused Nos.1 and 2 being the public servants in discharge of their duty have received illegal gratification other than the legal remuneration as a motive or reward for doing or forbearing to do official act in exercise of their official functions as public servants and thereby abusing their position as public servants have collected illegal gratification of Rs.1,24,495/- by corrupt or illegal means by obtaining pecuniary benefit to them. Hence, the complaint was lodged against the accused persons that they have committed the said offences.

(3.) After the charge was framed against the accused persons for the said offences when the matter was set down for trial to prove its case the prosecution in all examined 23 witnesses as PW1 to PW23 and produced the documents Ex.P1 to P50, so also got marked material objects M.O.No.1 to 9 and closed its side. On the side of the defence the witnesses DW1 to 3 were examined and the documents Ex.D1 to D24 were got marked.