RAOSAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused was tried for offence under S. 161 of the Indian Penal Code and under S. 5 (2) read with S- 5 (l) (d) of the Prevention of Corruption Act, 1947, before the learned Special Judge, Aurangabad. The learned Special Judge convicted the accused for these offences andsentenced him to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- on each count in default,to suffer rigorous imprisonment for three months with the directions to run the substantive sentences concurrently.

(2.) THAT judgment and order of conviction and sentence is challenged in this appeal.

(3.) IN nutshell, the prosecution case was that the accused was working as Talathi at Sajja Rajapur situated in Paithan Taluka in the year 1987. The village Pedgaon is under Sajja Rajapur. The complainant Natha is of village Deogaon in Taluka Paithan. The father of the complainant died in 1978. The name of the complainant was shown as Karta in the record of'right in respect of the landed property in place of his father. In order to have the benefit of small holder the complainant Natha and his brothers appeared to have partitioned the lands and on the basis of the partition deed Natha was interested to have the mutation effected in the record of rights in respect of the landed property.