ULHAS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are being disposed of by common judgment as they challenge the judgment and order dated 16/9/1998 passed in Special Case No. 10 of 1994. Appellant Ulhas in criminal appeal No. 343 of 1998 is accused No. 1 and appellant Ramesh in criminal appeal No. 353 of 1998 is accused No. 2. Both the appellants, for the sake of convenience, are hereinafter referred to as accused No. 1 and accused No. 2 respectively. Both the accused were tried for the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, "the Act"') by the Special Judge, Wardha.

(2.) The allegations against both the accused in nutshell were:

(3.) On merits of the case, the trial Court found that the offence punishable under Section 7 of the Act was proved beyond reasonable doubt against accused No. 1 and offence punishable under Section 12 read with Section 7 of the Act was found to be proved against accused No. 2 beyond reasonable doubt. Accordingly, by the judgment and order passed on 16/9/1998 the Special Judge, Wardha convicted and sentenced both the accused. Accused No. 1 was sentenced to suffer rigorous imprisonment for two years together with fine of Rs. 1,000/- and default sentence of six months. Accused No. 2 was sentenced to suffer rigorous imprisonment for six months and also to pay fine of Rs. 500/- with default sentence of three months. Not being satisfied with the same, both the accused are before this Court in the present appeals.