ARUN NATTHUJI BIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Arun Natthuji Bind has filed this appeal for quashing and setting aside the judgment and order passed by the Special Judge, under the Prevention of Corruption Act, Gondia on 25-4-1997 in Special Case No. 2/92, by which he has convicted the appellant for committing offences under sections 7 and 13 (1) (d) of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- and in default to suffer S. I. for two months.

(2.) THE brief facts of the prosecution case are as under: that, P. W. 1 Parasram Bhoyar was villager who had purchased a buffalo from Gramin Bank, Mundipar in the year 1987 under the Government Scheme. The buffalo was insured and had a ear tap bearing No. 83891. In the year 1988 the present appellant was serving as a Live Stock Development Officer in Panchayat Samittee, Goregaon. The buffalo of Parasram was unwell. Parasram who is examined as P. W. 1 admits in his evidence that he had visited the appellant at his office in Goregaon on one or two occasions for treatment of his buffalo. He has further admitted that the appellant also had visited his village twice or thrice on scooter for giving treatment to the ailing buffalo.

(3.) UNFORTUNATELY, inspite of treatment given by the appellant has also by one other veterinary doctor by name Dr. Shambharkar, the buffalo of P. W. 1 expired on 15-12-1988. The post-mortem was required to be conducted on buffalo on 16-12-1988, the present appellant came to the village of Parasram, conducted the post-mortem and handedover the ear tap of the buffalo to Parasram.