DNYANDEO RANGANATH AAHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the accused challenging the judgment and order passed by the learned Special Judge, Ahmednagar, convicting him under section 161 of Indian Penal Code and also under sections 5 (1) (d) read with 5 (2) of the Prevention of Corruption Act, 1947 (for short, the Act) amd sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- in default, further to suffer rigorous imprisonment for six months as a substantive sentences.

(2.) THE main accusation levelled against the accused has been founded on the following allegation. The complainant - Gopinath, as a representative of his family members, obtained an extract of record of rights of the land bearing Gut Nos. 101, 104, 111 and 251 of village Kanoli, Tq. Sangamner, District Ahmednagar on 9-7-1988. He found that bogus names of five persons were shown in other rights column in record of rights in respect of the said lands. He, therefore, requested the accused, who at the relevant time was working as village Talathi, for deleting all those names from the record of rights. The accused is said to have advised him that he should first make an application to the Tahsildar, Sangamner. He has also told that he would do his work on receiving such application. Accordingly, the complainant filed an application (Exp. 41) on 8-8-1988 under signature of his uncle Vithal and cousin Baburao and gave it in the office of Tahsildar at Sangamner.

(3.) IT was alleged that on 23-8-1988 the complainant had been to Sangamner and as a co-incidence the accused saw him when he was passing by the side of his office. The accused called him and enquired with him whether his uncle and cousin were available in the village. The complainant told him that they were not in the village but they had gone to another village Ambhora for sapta. The accused then asked him to bring them to him on the next day.