BHAGABAI DAGADU DHEBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offences punishable under Sec. 7 and 13(1)(d), 13(2) of Prevention of Corruption Act ( "P.C. Act ", for short), vide judgment and order dtd. 22/9/1998, passed by the Special Judge, Satara, in Special Case No.16 of 1992. The applicant has been sentenced to suffer imprisonment for six months and to pay fne of Rs.2,000.00, for conviction under Sec. 7 of P.C. Act, and, sentenced to suffer imprisonment of one year and fne of Rs.3,000.00, for conviction under Sec. 13(1)(d), 13(2) of the P.C. Act. After the Appeal was closed for judgment, it was listed for clarifcations on 29th April, and closed for orders.

(2.) During the pendency of Appeal, the original appellant/accused had expired. His legal heirs preferred criminal application No.665 of 2019, for bringing them on record and seeking permission to pursue Appeal. The said application was allowed vide order dtd. 2/5/2019.

(3.) The case of the prosecution is that the accused was working as Gav Kamgar Talathi of Sajja Khinghar, Taluka Mahabaleshwar. The complainant is resident of village Khinghar. His grand father died on 14/2/1992. He had executed Will and bequeathed his property at village Damil, Taluka Poladpur, District - Raigad, to his sons Nivrutti and Ramchandra, and, the property at Khinghar was bequeathed to his son Sitaram and grand sons Santosh and Sandeep. On 26/4/1992, the complainant approached the accused at his offce and requested to enter their names. The accused told him that it was diffcult task and it cannot be done abruptly. The complainant was told to see him in his offce at Panchgani on 1/5/1992. The complainant and his relative Anand Bhilare visited offce of the accused at Panchgani on 1/5/1992. The accused demanded Rs.1,000.00 for the work. The complainant and Anand Bhilare again approached the appellant at his residence at Bonderwadi and inquired about work. The accused asked the complainant about money. The complainant gave Rs.100.00 to accused. On 10/5/1992, the complainant again met the accused at his offce at Panchgani. The accused inquired about money. The complainant gave Rs.400.00 to the accused. On 11/5/1992, the complainant approached ACB at Satara. He lodged complaint against the accused. It was recorded. Arrangements were made for trap of accused. Pre trap panchanama was recorded. The complainant and others went towards the house of the accused. The bribe amount was accepted by the accused. He was caught by the raiding party. On completing investigation, charge - sheet was fled.