BHASKAR MARUTI THUBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants are the Original Accused Nos. 2 and 3. They are challenging the judgment and order passed by the Special Court, Khed, Dist. Ratnagiri in Special Case No. 4 of 2003. By the said judgment and order, the Special Court, Khed was pleased to convict the Appellants for the offence punishable under Section 409 read with 34 of the Indian Penal Code, 467 read with 34 of the Indian Penal Code, 468 read with 34 of the Indian Penal Code, 465 and 471 read with 34 of the Indian Penal Code, 465 and 471 read with 34 of the Indian Penal Code and under Section 5(1) (c) and 5(1) (d) both punishable under Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to suffer R.I. for six months and to pay a fine of Rs. 300/-and in default of payment of fine to further undergo S.I. for 8 days. The sentences were directed to run concurrently.

(2.) A complaint was filed by one Kamalakar Sawant, in which he has stated that he had conducted an enquiry in respect of the work of plantation done at Ghera Sumargad. In the said area 50 and 40 hectors area the work of plantation was done in the years 1985-86 and 1986-87. This work was done by appointing local persons for doing labour work. A muster was maintained and this work was assigned to the Forest guard and the Range Officer and others were supposed to supervise the said work. After entries were made, they were counter checked by the Forest Officer and Forest Guard and payments were accordingly made to the persons who had undertaken the plantation work. According to him, this work was assigned to the accused. According to him the amount mentioned in the said muster role was in fact, was not paid to the persons, who done the manual work but was misappropriated was Rs. 10,732.50 Ps. According to the Complainant, the accused prepared forged documents in order to get sanction and false endorsements were also made and an amount was misappropriated without disbursing the amount to these persons by forging thumb marks and signatures.

(3.) On the complaint filed by the complainant-Kamalakar Sawant, an offence vide Crime No. 161 of 1991 was registered against the accused persons registered at Khed Police Station. Statements of the witnesses were recorded and specimen thumb impression and signature also were obtained. Application was made seeking sanction for the prosecution against the accused. Accordingly, sanction was granted. Charge was framed against the accused. The prosecution in all examined 32 witnesses.