NARAYAN BABAN INGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Appeal the appellant, who was at the relevant time working as a Nimtandar in the Office of the Assistant consolidation Officer, Jalna, whose duty was to supervise the work of preparation of copies of maps applied for by the parties, has posed a challenge to the impugned order of conviction and consequent sentence under the Prevention of corruption Act, 1947. The charge is that he demanded and accepted Rs. 20 only from the complainant-Gopal Abewal, for issuing copies of maps partaining to his land of village Devmurty. This demand and acceptance is punishable under Section 5 (2) read with Section 5 (1) (d) of the Prevention of corruption Act, 1947 as well as under Section 161 of the Indiaa Penal Code.

(2.) SHORTLY stated, the allegations are that the appellant, a Nimtandar in the Office of the Assistant Consolidation Officer, Jalna, was approached by the comlainant-Gopal as wanted copies of maps partaining to Gat Nos. 41, 51, 52 and 54 of village Devmurty. The property was standing in his name and that of his maternal uncle and grand-mother. The application was handed over to the appellant on June 19, 1986. The appellant directed him to the concerned clerk Shri Pagare. The complainant-Gopal was asked to come on June 25, 1986 to collect the copies. Accordingly, on June 25, 1986 the complainant visited the office and was told by the appellant that the copies are ready and should be collected from Shri Pagare after paying copying charges. It is alleged that the appellant asked him to pay and extra amount of rs. 20 to Pagare. Complainant-Gopal was told to pay the necessary official copying charges as per the bill and on additional amount of Rs. 20 for tea expenses.

(3.) ACCORDINGLY, complainant-Gopal approached the concerned Clerk pagare. Pagare prepared the bill of the official copying charges at Rs. 118 which was paid and the complainant obtained receipt. Pagare also had his own demand for doing the work and he demanded Rs. 100 towards tea expenses. There was negotiation and, ultimately, this was settled at Rs. 60 since complainant-Gopal had no money on that day, the promised to come on the next day with the amount Rs. 60 for Pagare and Rs. 20 for the appellant. Copies were not given.