MIRZA YUSUF BAIG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner/accused No. 2 is convicted for an offence punishable under section 420 r/w 34, IPC and is sentenced to s. I. for a period of two months and to pay a fine of Rs. 250/- in default to suffer S. I. for a period of 15 days. He is further convicted for an offence punishable under Section 468 read with 34, IPC and sentenced to undergo S. I. for two months and pay a fine of Rs. 250/- in default to undergo S. I. for 15 days. The sentences were ordered to run concurrently by judgment dated 26-3-2002 passed by the Additional JMFC, Humnabad in C. C. No. 759/ 1998. The said order of conviction and sentence is confirmed by the Presiding Officer, fast Track Court II, Bidar by judgment dated 4-10-2005 in Crl. A. No. 21/2002.

(2.) IT is the case of the prosecution that the petitioner/accused was working as a Block development Officer in Humnabad between the period from 12-6-2001 to 18-7-1992. During the year 1991 the Central Government floated a scheme known as Million Well scheme. A-1 Jhula Bhai w/o Somala resident of Bhandrapur applied for the relief under the scheme and under the scheme a sum of Rs. 12,500/- was to be sanctioned to the deserving applicants at various stages and in seven installments. Deceased A-3 was working as jr. Engineer in the Block Development Office. A-1 after making an application the said application was scrutinized by the committee and the benefit of the scheme was directed to be extended to A-l. The agreement was entered into by A-1 with the Block Development Officer as at Ex. P. 19. It is to be noted at this stage itself that a person availing the benefit of the scheme if were not to implement or carryout the purpose of the scheme, was liable to pay back money received under the scheme. The work of digging a well in the land belonging to A-1 was taken up. Further there was no progress in the implementation of the work. At the time of inspection, pit hardly measuring 2' x 10' depth was found in the landed property of A-1. A mahazar Ex. P. 2 came to be drawn. In the meanwhile reports were furnished by A-3 BDO stating that there was progress in the digging of the well and the reports were relied upon by A-2. On the basis of the report furnished by A-3 the accused petitioner certified that the amounts could be released and on the basis of the certification the entire amount in 7 stages came to be released in favour of A-1. Thereby A-1 totally withdrew a sum of Rs. 12,500/- which she was entitled to under the said scheme.

(3.) DURING inspection since the well was not to be found dug a complaint came to be filed arraying Jhulabai as A-1, Mirza Yusuf baig as A-2, and Vishwanath as A-3 for offences punishable under Sections 420, 468 r/w 34 IPC. The trial Court as well as the first appellate Court held all the three accused guilty of offence as stated above and has imposed sentence as stated. Challenging the said order of conviction and sentence A-1 and A-2 preferred appeals. The appeal preferred by a-2 was dismissed. Likewise the appeal of a-l was also dismissed. As A-3 died the proceedings against him got abated. Challenging the order passed in the appeal, this revision petition is filed by petitioner/a-2.