STATE OF MAHARASHTRA Vs. JAGANNATH DATTATRAYA MAHAJAN

JUDGEMENT

(1.) This criminal appeal is filed by the State of Maharashtra against the order of acquittal dated August 30, 1977, in Special Case No. 1 of 1977 passed by the Special Judge, Beed. The learned trial Judge found the respondent-accused (hereinafter referred to as "the accused") not guilty of any of the offences punishable under section 161 of the Indian Penal Code and under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the "Corruption Act").

(2.) Shri Sitaram Tangde, a well-to-do person from Beed, owns substantial properties including a house wherein the complainant Kanhu (P.W. No. 1) and one Pandurang Sirsale reside as tenants in separate blocks. Petty quarrels between the two tenants gave rise to the present prosecution against the accused. Pandurang Sirsale on August 26, 1976 lodged a complaint (Exh. No. 26) at the City Police Station, Beed, complaining about the misconduct on the part of the complainant Kanhu. It appears that this complaint remained unattended till September 26, 1976. It appears that there was a full during this period of one month and at any rate from the record it appears that no untoward incident happened between Kanhu (P.W. No. 1) and the family members of Pandurang sirsale.

(3.) On September 27, 1976, a month after the earlier complaint was lodged by Pandurang, Ratnabai wife of Pandurang filed a complaint against the complainant Kanhu (P.W. No. 1) alleging the misconduct on the part of Kanhu and some marpit. The said complaint is at Exh. No. 31. At the relevant time, it is no more in dispute that, the accused was working as Police Head Constable attached to the City Police Station, Beed and was also assigned additional duty as a Beat Jamadar in charge of Malives Police Chowky, which is within the precincts of Beed city. Complainant Kanhu (P.W. No. 1) is also a resident of the said locality. On receipt of the complaint filed by Ratnabi on September 27, 1976, the Station Officer Athavale (P.W. No. 3) handed over the said complaint to the accused for necessary investigation and to submit a report accordingly. On September 27, 1976 at about 6 p.m. the complainant Kanhu was brought to the Police Station by two constables during the investigation on the complaint filed by Ratnabai. Head Constable Bashir, who was in charge of the Police Station, suspecting that the complainant Kanhu was under the influence of liquor, sent him to the Medical Officer for necessary examination. The complainant Kanhu was thereafter brought back to the Police Station. Sitaram Tangde thereafter reached the Police Station and got Kanhu released on bail. It is alleged by the prosecution that Sitaram Tangde, when he was in the Police Station, did not behave properly whereupon the accused asked him to behave in a decent manner. It is alleged by the prosecution that there was some exchange of words between the accused and Sitaram Tangde and thereupon the accused told him that he would see to it. After the release of Kanhu on bail, Sitaram Tangde and Kanhu left the Police Station. These facts are no more in dispute.