CHHAYA YUVARAJ DAHIWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) In this criminal revision application, challenge is to the order dtd. 27/11/2013 passed by the learned Special Judge, Nagpur in Special (ACB) Case No. 07/ 2011, whereby the learned Special Judge rejected the application made by the accused Nos. 1 and 2 for their discharge in the case.

(3.) The facts relevant for the purpose of this revision are as follows: Deceased- Yuvraj Kashinath Dahiwal was the husband of accused No. 1 and the father of accused No.2. In the complaint, the allegation was made against deceased Yuvraj, who was the Government Servant, that he accumulated the property of Rs.49,08,291.00 (Rs. Fourty Nine Lacs Eight Thousand Two Hundred and Ninety One only) dis-proportionate to the known sources of his income. On receipt of the complaint, he was called upon to explain the same. His explanation was not found satisfactory and therefore, the crime bearing No. 3017 of 2005 came to be registered against him as well as the accused Nos. 1 and 2 for the offences punishable under Sec. 13 (1)(e) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C. Act ') and under Sec. 109 of the Indian Penal Code (hereinafter referred to as 'the I.P.C .) at Sakkardara Police station, Nagpur. During the course of the investigation, the deceased public servant as well as accused Nos. 1 and 2 were called upon to explain the source of money for accumulation of the property which was found prima facie disproportionate to the known sources of income of the deceased Government Servant. Their explanation was not found satisfactory. The investigation revealed that the deceased Government Servant accumulated property worth Rs.49,08,291.00 (Rs. Fourty Nine Lacs Eight Thousand Two Hundred and Ninety One only), which was disproportionate to the known sources of his income. The investigation further revealed that accused Nos. 1 and 2, being wife and son of the deceased Government Servant, abetted the commission of the offence by the deceased public servant. Public servant Mr. Dahiwal died on 11/10/2010 before filing the charge- sheet. However, by that time the major part of the investigation was over. After his death, the charge-sheet came to be filed against the accused Nos. 1 and 2, in the Special Court designated under the P.C. Act, for the offences punishable under Sec. 109 of the I.P.C. read with Sec. 13 (1)(e) read with Sec. 13 (2) of the P.C. Act on 16/8/2011. Learned Judge took the cognizance of the offences against the accused Nos. 1 and 2.