(1.) THE appellant is a Sub-Inspector of Police. He takes exception to his conviction for the offences punishable under section 161 of the Indian Penal Code and under sections 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act. Upon conviction for the first of this offence, he was sentenced to rigorous imprisonment for one year and fine of Rs. 1,000/- in default to suffer further rigorous imprisonment for three months and for the second offence he was sentenced rigorous imprisonment for six months.
(2.) BRIEFLY stated the prosecution case is that the accused had joined to Mandrup Police Station in Solapur District only a few months before this incident which took place on 3rd October, 1986. The accused was on duty as the Police Station Officer also on that night.
(3.) ONE Shirish Chandulal (P. W. 1) is an agriculturist, holding about 50 acres of agricultural land at the village Bhandarkavathe while his residence as such is at Solapur. It appears that the Police Station at Mandrup is in between Bhandarkavathe and Solapur. Shirish Shah is a fairly educated person also. For the purpose of his agricultural cultivation and transport of agricultural products he owns a tractor and trolley both. One Bapu Budhale (P. W. 4) is employed as driver of this tractor. Amongst the servants employed by Shirish Shah, one is Shri Bharale (P. W. 3 ). Budhale and Bharale both figure as important prosecution witnesses in this case. On 2nd of October 1986, Shirish Shah was at his house at Solapur. His servant at Bhandarkavathe loaded the trolley with fodder which was meant for a buffalo which was maintained at the Solapur house. The loaded trolley was fastened to the tractor which left for Solapur at about 8. 00 p. m. Some more fodder belonging to one Tammaswami was also being carried in the said trolley. The said Tammaswami apart, there were 2-3 other persons who were also going with the vehicle.