SANJAY JAYWANT GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are directed against conviction of the appellants by the learned Special Judge, Mumbai for the offences punishable under Sections 120B, 255, 256, 258, 259, 420 read with Section 511 of the Indian Penal Code and sentence of rigorous imprisonment for ten years with a fine of Rs.50,000/- each or in default of payment of fine further rigorous imprisonment for a period of one year imposed upon them on the conclusion of trial of Sessions Case No.37 of 2005/156 of 1999 before him. The learned Judge also convicted Ramratan Shrinivas Soni appellant in Criminal Appeal No.486 of 2006 for the offence punishable under Section 256 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a period of seven years with a fine of Rs.10,000/- or in default of payment of fine further rigorous imprisonment for a period of three months. The appellant Abdul Karim Ladsaheb Telgi in Criminal Appeal No.710 of 2006 was also convicted for the offences punishable under Sections 258 and 259 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of five years with a fine of Rs.20,000/- on each count or in default of payment of fine further rigorous imprisonment for a period of six months on each count. Telgi was also convicted for the offence punishable under Section 255 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of ten years with a fine of Rs.50,000/- or in default of payment of fine further rigorous imprisonment for a period of one year. He was further convicted for the offence punishable under Section 420 read with Section 511 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of three years with a fine of Rs.10,000/- or in default of payment of fine further rigorous imprisonment for a period of three months. The appellants Sanjay Jaywant Gaikwad and Ramratan Shrinivas Soni were acquitted of the offence punishable under Section 255 read with Section 34 of the Indian Penal Code. Sanjay Gaikwad was also acquitted of the offence punishable under Sections 259 of the Indian Penal Code and under Section 63(b) of the Bombay Stamps Act, 1958. The appellant Abdul Karim Telgi was acquitted of the offence punishable under Section 263 of the Indian Penal Code and under Section 63(a)(b) of the Bombay Stamps Act, 1958. Aggrieved by their conviction and sentences imposed upon them, the appellants are before this Court.

(2.) Facts which gave rise prosecution of the appellants and relevant for the decision of these appeals are as under :-

(3.) The firm of lawyers handed over the Deeds for affixing Special Adhesive Stamps and offered to pay for them by Pay Orders drawn in favour of 'Superintendent of Stamps'. Appellant Telgi's representative declined to accept Pay Orders stating that Telgi's firm had necessary credit with the State Government Stamp office and that after stamps were affixed, a bill will be raised. Accordingly, Telgi's firm raised a bill and demanded payment of the bill. Since Shri Manish Parekh did not find a receipt issued by stamp office for payment of stamp duty, he insisted on such receipt being produced. The receipt was, however, not produced and representative of Telgi also did not turn up. Shri Manish Parekh, therefore, asked his Clerk, Shri Rasiklal Shah to inquire about the issuance of Special Adhesive Stamps, who reported back that Special Adhesive Stamps affixed had not been issued by the stamp office and that inquiries were being made with the Extended Sale Counter at Bandra as to whether the stamps were issued at that counter. Ultimately, it was revealed that even the Extended Sale Counter at Bandra did not issue the stamps. Shri Manish Parekh then met the Superintendent of Stamps and appellant Telgi. Shri Manish Parekh passed on the documents to the Superintendent of stamps for further inquiry. The documents were found carrying Special Adhesive Stamps effaced or canceled with the rubber stamps of Extended Sale Counter at Bandra and signature of the proper officer of the said counter. Since the Extended Sale Counter reported that there was no such sale of Special Adhesive Stamps on the relevant date, Shri Mopalwar, the Superintendent of Stamps, Mumbai lodged a complaint on 2nd June, 1995 with M.R.A. Marg Police Station. This led to registration of C.R.No.355 of 1995.