SEWAKDAS TUKARAM JUMDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this criminal appeal preferred by appellant/original accused challenging the judgment and order dated 07.05.2003, by which the appellant/original accused was convicted of the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment for six months and to pay a fine of Rs. 500/- in default of payment of fine to undergo R.I. for one month. He was also convicted for the offence punishable under Section 13 (1)(d) r/w 13 (2) of Prevention of Corruption Act, 1988 and was sentenced to undergo imprisonment for one year and to pay a fine of Rs. 1000/- in default of payment of fine to undergo further R.I. for three months. Both the substantive sentences were directed to run concurrently. Being aggrieved by said impugned judgment and order original accused preferred this appeal. During the pendency of the appeal original appellant/accused died on 14.11.2010 and his widow proceeded further with the said appeal and she is pursuing the matter.

(2.) Brief facts of the case are as under:

(3.) Allegedly during such visits there was demand of Rs. 500/- by the accused in order to process further the pension case papers. On request of complainant Ashok Kodape said demand was reduced to Rs. 400/- and out of that complainant had paid Rs. 200/- as a part payment and Rs. 200/- were remaining to be paid. Again sometime on 20.12.1993 accused repeated his demand for balance amount of Rs. 200/- when complainant Ashok Kodape met him for the work. Accused agree to accept the said amount on 21.12.1993. By this time complainant was not happy with the conduct of the accused and was not ready and willing to pay the said remaining bribe amount of Rs. 200/-as such he approached Anti Corruption Bureau, Chandrapur and lodged oral report on 21.12.1993. His complaint was reduced into writing. Panch witnesses were called and were apprised with the contents of the complaint. Pre-trap panchnama was drawn at the office of Anti Corruption Bureau, Chandrapur during which the procedure regarding the trap was apprised to the panchas. Detailed pre-trap panchanama was drawn. The currency notes of Rs. 200/- were smeared with phenolphthalein powder and were given in the custody of the complainant. Necessary instructions were given to complainant and the panch witness regarding action to be taken after demand and acceptance of bribe amount by the accused.