RAJENDRA VITHALRAO SURYAVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals can be decided by this common judgment as they arise out of one and the same case in which two appellants-accused No. 2 and accused No. 1, respectively, were tried and convicted for offence under section 161 read with section 34 of the Indian Penal Code as also under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act, 1947. Upon conviction, on each count each of the appellants was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for six months. The substantive sentences of both the appellants were directed to run concurrently.

(2.) THE appellant (orig. accused No. 2) in Criminal Appeal No. 786 of 1986 Vilas Phulchand Mutha, is a Field Officer and Development Officer in the employment of the United India Insurance Company Limited having its Divisional Office at Pune. The United India Insurance Company Limited is a subsidiary Company under the General Insurance Corporation of India which was established by a Statute in the year 1970. This appellant-Mutha was, at the material time in the year 1982, the Field Officer attached to the area in and around Narayangaon in District Pune. The Village Rajuri; Taluka Junnar, District Pune also was within the field activity of the appellant-Mutha as a Development Officer. The appellant (orig. accused No. 1) in Criminal Appeal No. 788 of 1986 was, at the material time and in the same material period, a Veterinary Officer in-charge of the Veterinary Dispensary at Narayangaon. He also used to visit, in the course of his duties as the Officer-in-charge of the Dispensary at Narayangaon another similar Unit at Rajuri, Taluka Junnar, for which was attended to by a Veterinary Assistant. At the material time, the Veterinary Assistant at Rajuri was one Arjun Thombare P. W. 5.

(3.) THE prosecution case is that the father of the present complainant, upon whose complaint proceedings in this case were initiated, is an agriculturist of Rajuri. The complainant and his father are the members of a large joint family. A substantial number of cows of Jersei Hosteyn and Cross Breeds as also some cross breeds had been purchased by taking loans from the Maharashtra State Co-operative Land Development Bank, Pune. The complainants father is an illiterate person. A loan of Rs. 8,000/- was sanctioned to him by the said Bank for the purchase of two cows. The provision for appropriate insurance in respect of these two cows had also been made. The proposal for insurance accompanied by necessary certificate from the Veterinary Officer regarding the health of the two cows had been submitted to the United India Insurance Company Limited. The necessary premium for each of the two cows was fixed at Rs. 90/- per annum and policies were issued for a period of one year for each of the two cows. One of the cow was bearing insurance No. 113. The cow in question died all of a sudden on 20th July 1980 and a report about its death was made by the complainant on behalf of his father-owner to the Veterinary Officer and he was requested to carry out the postmortem examination and also to issue certificate in regard to the death of the cow and its cause. It appears that the animal died due to the development of certain acute Tympanites. The certificate of death was issued by accused No. 1 Dr. Suryavanshi to the Bank directly, at Junnar. The other required certificates were obtained by the complainant from the society as also from the Sarpanch. The certificate regarding the cremation of the dead cow was also obtained. The policy of insurance in respect of this cow was admittedly in possession of the Bank. Inasmuch as the loan for the purchase of it had been taken from the said Bank. Upon all these documents being forwarded by the Bank to the Insurance Company, the claim form was sent which properly filled in by the complainants father and then it was submitted to the Insurance Company through the Junnar Branch of the Bank. This was done some time in the month of July 1980.