S. MANIK REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dtd. 26/9/2005, passed by the Special Judge, Latur, in Special Case No.5 of 2004, whereby original appellant (since deceased) was convicted for the offence punishable under Sec. 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'PC Act, 1988') and sentenced to suffer rigorous imprisonment for three years and one year, respectively and pay total fine of Rs.1,500.00 (Rupees One Thousand Five Hundred), in default, to suffer rigorous imprisonment for two months and one month, respectively.

(2.) The appellant passed away pending the appeal. His legal representatives came on record to pursue the appeal.

(3.) Facts giving rise to the present appeal are as under: The original appellant was serving as Deputy Engineer (P.W.D.), Zilla Parishad at Ausa. PW1 - Syed Jamil was in construction business. His father was the Chairman of a cooperative society, "Lokmanya Mazoor Sahakari Sanstha Limited", Ausa. The work of a road, Yeli to Tupdi was to be undertaken under 'Employment Guarantee Scheme'. A tender as regards transportation and road roller work was issued. The District Deputy Registrar, Latur was requested to give a letter of recommendation for grant of said work to Lokmanya Mazoor Sahakari Sanstha Limited, Ausa. Accordingly, the District Deputy Registrar had issued a letter in the name of Sub-Divisional Engineer (P.W.D.), recommending for grant of the tender in favour of the said cooperative society. PW1 - Syed Jamil had therefore been to the office of the original appellant. The appellant asked him to pay Rs.10,000.00 as illegal gratification for submitting the matter to the Executive Engineer for sanction and issue of work order. Since PW1 - Syed Jamil did not want to pay bribe, he approached Anti Corruption Bureau (ACB), Latur. His statement-cum-complaint (Exh.54) dtd. 11/7/2003 was recorded there. PW4 - Pandit Kendre, Deputy Superintendent of Police, ACB, Latur, decided to lay a trap. He secured presence of two Government officials to act as panch witnesses. He gave necessary instructions to them and told PW1 - Syed Jamil not to pay bribe money unless demanded. Pre-trap panchanama was drawn on 12/7/2003. As planned, PW1 - Syed Jamil accompanied by PW3 - Bharat Bastewad (shadow witness) went to the house of the original appellant and on his demand, an amount of Rs.10,000.00 was paid. Soon after the raid was effected, a sum of Rs.10,000.00 came to be seized from the deceased appellant. Post-trap panchanama was drawn. PW4 - Pandit Kendre, lodged the First Information Report (FIR). Sanction for prosecution was obtained. The charge-sheet, therefore, came to be laid.