MANIKRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against judgment and order of Special Case No. 5/1995 which is decided by Special Judge, Osmanabad. The appellant is convicted and sentenced for offences punishable under sections 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 [ "PC Act" for short].

(2.) It is the case of the prosecution that original complainant Prabhakar Kardhore was working in army at the relevant time and he had some matter pending with Tahsil Officer Omerga, District Osmanabad. The complainant belongs to village Kate chincholi, District Osmanabad where there was earthquake on 30.9.1993. It is the case of the complainant that he was having a separate house in the village and it collapsed in the earthquake. It is the case of the complainant that partition had taken place amongst complainant and his two brothers in the year 1984 and due to partition he was having 1 H. 34 R. agricultural land in his village.

(3.) For rehabilitation of persons affected due to aforesaid earthquake from Kate chincholi village, the State Government had prepared a scheme. Under the scheme, the villagers who had no agricultural land were to be given house of area of 250 sq. fts and this category was described as category "C". The persons having agricultural land of more than 1 H., but less than 4 H. were to get house of area of 450 sq. fts. and this category was described as category "B". The persons having agricultural land of more than 4 H. were to be given house of area of 750 sq. fts and this category was described as category "A".