STATE OF MAHARASHTRA Vs. MANSING SHANKARRAO MANE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 31st January 2004 passed by the Special Judge, Kolhapur, acquitting the accused of offences punishable under Section 7 ( Public servant taking gratification other than legal remuneration in respect of an official act ), Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act , 1988 (PC Act ).

(2.) Mr. Ingawale, at the outset, submitted that his instructions are that accused no.2 has expired about 3 years ago but he does not have the details. Mr. Ingawale states that within two weeks, he will file copy of the death certificate in the registry. Statement accepted.

(3.) Complainant - Vijaymala Patil (PW-1) was a resident of village Latawade in Kolhapur district. Complainant's husband was one Ramchandra Patil, an ex-army service man, who died in January 1999. Ramchandra Patil had a brother by name Vilas Patil. There was a partition deed entered into in the family by which Ramchandra Patil got plot of land admeasuring 37 Ares at village Bhadole, Kolhapur. The partition deed, it is stated, was registered. It is complainant's case that despite partition deed being registered, her brother-in-law Vilas Patil's name continued to be shown in the 7/12 extract and therefore, complainant made an application to the Talathi (accused no.1) to delete the name of her brother-in-law Vilas. It is stated that alongwith the application, the deed of partition was also submitted. Accused no.1 demanded Rs.1000/- as bribe to have the name of Vilas deleted but later at the request of complainant, reduced it to Rs.700/-. Accused no.1 informed complainant (PW-1) to be present in his office on 9 th April 2001 at 12 noon with the bribe.