ASHOK SIDDHAPPA BURUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal the Appellant-Accused is challenging the judgment and order dtd. 6/11/2004 passed by the learned Special Judge at Gadhinglaj in Special Case No.3 of 2003. By the impugned judgment the Appellant has been convicted for the offence punishable under Sec. 7 and 13(1)(d) read with sec. 13(2) of the Prevention of Corruption Act, 1988 ( "Act " for Short). For the offence punishable under Sec. 7 Appellant has been sentenced to suffer rigorous imprisonment for one year and fine while for the offence punishable under Sec. 13(1)(d) read with sec. 13(2) of the Act the Appellant has been sentenced to suffer rigorous imprisonment for three years with fine.

(2.) The prosecution case may be briefly stated thus :- That the complainant Mallappa Pituk (PW-1) is a resident of Mangaon, Taluka-Chandgad, District-Kolhapur. The complainant has one brother and nine sisters There are agricultural lands are the ancestral property of the complainant situated at Mangaon, Bassarge and Goulawadi which were recorded in the name of the father of the complainant. The father of the complainant died on 24/7/2001 and the complainant was desirous of recording the name of the legal heirs in the 7/12 extracts and the record of rights.

(3.) The Appellant at the relevant time was working as a Kamgar Talthi at Mangaon Sajja and was in charge of Goulawadi and Bassarge. According to the complainant when he approached the Appellant for effecting the mutation, the Appellant suggested that there has to be a deed of relinquishment from the sisters. The complainant thereafter obtained the relinquishment deed from the sisters which was registered before the Sub-Registrar Chandgad and again approached the Appellant for effecting the mutation. According to the complainant the Appellant did not accept the application/xerox copy of the relinquishment deed saying that the same will be accepted after the receipt of the copy of Index-II register from the office of the Sub Registrar. In short according to the complainant inspite of his repeated visits and inquiry with the Appellant he did not effect the mutation and made an illegal demand of Rs.3,000.00. On October 2002 the complainant met the Appellant in his office and told the Appellant that he cannot afford to pay Rs.3,000.00 and on negotiation the amount was reduced to Rs.2,000.00. The complainant again went to the office of the Appellant on 29/10/2002 when it was decided that the complainant was to initially pay an amount of Rs.1,000.00 and the balance Rs.1,000.00 later on. The complainant told the Appellant that he will bring the amount after Diwali festival on 7/11/2022. Thus according to the complainant the Appellant demanded and agreed to accept the illegal gratification on 7/11/2002 in his office at Mangaon for showing the favour of carrying out mutation in the 7/12 extract.