ANAND GOPAL GURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14-8-1987 passed by the Special Judge, Wardha, in a Special Case No. 3/77, convicting the appellant/accused along with accused No. 1 Bhaiyaji Bhagwat, for the offence punishable under Section 5 (1) (c) read with S. 5 (2) of the Prevention of Corruption Act and sentencing them to suffer R. I. for one year and to pay a fine of Rs. 10,000/- in default of payment of fine, the appellant shall undergo further R. I. for one year; also convicted along with accused No. 1 for the offence punishable under Sections 465 and 471 read with S. 34 of the Indian Penal Code, sentencing him to suffer R. I. for one year.

(2.) THE appellant/accused was charge-sheeted and tried along with two others, viz. Bhaiyaji son of Laxman Bhagwat, Divisional Forest Officer, Arvi and Rajeshwar son of Murlidhar Kajale, Range Clerk, Arvi, for the offence punishable under Section 5 (1) (c) read with S. 5 (2) of the Prevention of Corruption Act and under Sections 468, 465 and 471 read with S. 34 of the Indian Penal Code.

(3.) THE prosecution case in nutshell is as under: during the period from 30-12-1965 to 3012-1966 Shri Bhagwat (Original Accused No. 1) was serving as Range Forest Officer at Arvi Range in Wardha Sub-Division. At the relevant period, this appellant /accused was serving as Range Clerk, so also Shri Kajale was working as Range Clerk in the same office. Shri Bhagwat (Original Accused No. 1) being the Range Forest Officer, he was supervising and executing authority of the construction work and as such he was actually incharge of the work of construction of quarters, anicut, as also additions and improvements to the Rest House. It is alleged that Shri Bhagwat misused his position and pretended to have purchased cement bags from Shri Hansraj Jadhao (P. W. 1) and in connivance with the accused Nos. 2 and 3, prepared false receipts for payment as price of the cement bags alleged to have been supplied by Shri Hansaraj Jadhao. According to the prosecution, Hansaraj Jadhao is not a dealer in cement and at the relevant time it was a controlled commodity. Hansraj has not supplied the cement bags to Range Forest Office. He is dealing in manufacture of bricks. He used to supply the bricks to the Range Forest Office, Arvi. It is further alleged by the prosecution that his signatures were obtained on the blank receipts on the pretext that 31st of March, 1966 being the last day and financial year ending, his signatures were required for the purpose of the regularising the payment of the bricks which were supplied by him to the Range Forest Office. On the basis of these receipts, false vouchers were prepared representing payment of the amount. The amount was debited in the Cash-Book for purchase of 1209 bags of cement, but actually purchase was of 350 bags of cement and 859 bags of cement were also shown to have been purchased though there was no actual purchase of those bags. As such an amount of Rs. 9,449/- is alleged to have been misappropriated by the accused persons in furtherance of their common intention. The cement is shown to have been utilised on 11 different quarters constructed within Arvi Range, but there is no entry of the cement in the stock-register.