VITTHAL PANDURANG PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellants by the learned Special Judge, Pune for the offences punishable under Sections 420, 467, 468, 471 r/w Section 34 of the Indian Penal Code (for short, the IPC ) and Section 5(2) r/w Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short, the PC Act ) and sentence of RI for 3 years with fine of Rs. 500/- or in default RI for 15 days, imposed upon each of them for each of the offences punishable under Sections 420, 467, 468 and 471 of the IPC, as also RI for 1 year with fine of Rs. 250/- and RI for 1 year with fine of Rs. 500/- for the offence punishable under Section 5(2) r/w Section 5(1)(d) of the PC Act. Appellant No.2 was also convicted for the offence punishable under Section 201 of the IPC and sentenced to RI for 1 year with fine of Rs. 250/- or in default RI for a further period of 7 days.

(2.) Facts which are material for deciding this appeal are as under:

(3.) This came to light on 30-1-1980 when Laboratory Assistant Shri Dhanve (PW-2) had gone to the Treasury for seeing whether the bills of his office were passed. Shri Dhanve was told by the employees of the Treasury that, bill of one V.P. Joshi for a sum of Rs. 16,650/- had also been passed and Dhanve was asked to collect the cheque. Since Dhanve was not having token for the said bill with him, he contacted his superior Shri Muley (PW-1), who told Dhanve not to accept the cheque. Shri Muley enquired in his office and found that no such bill of any V.P. Joshi was submitted to the Treasury through his office. Muley went to the Treasury, saw the bill and found that it bore stamp of his office and also signature similar to his signature on the bill, as also, a sanctioning order bearing signature similar to his signature. He instructed the Treasury Officer not to handover the cheque to anyone and informed his superior. Eventually, he lodged a report with the Bund Garden Police Station on 5-2-1980 and on which an offence was registered and investigation commenced.