RAMDAS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal takes exception to the judgment and order dated 3/5/2001 passed by the learned Special Court, Yavatmal in Special Case No. 3/1992, whereby appellant is convicted for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and is sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs. 2000/ - and in default, to suffer rigorous imprisonment for one month for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 and to undergo rigorous imprisonment for five years and to pay fine of Rs. 2000/ -, in default to suffer rigorous imprisonment for one month for the offence punishable under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.

(2.) IN brief, it is the case of prosecution that field Survey No. 43 is owned by complainant Uttam and there is approach way to go to the said field, which is passing through the field of Jagan Bharti, which way is used by complainant and other villagers. However, Jagan Bharti was obstructing villagers from passing through it and had put thorny fencing and as such, since way was closed, complainant and other villagers had applied to Tahsildar, Darwha about the said incident and on taking cognizance of their complaint, way was made open. According to further case of prosecution, on 27/8/1991 at about 7 p.m. when complainant was returning back from his field, he was obstructed by Jagan Bharti, who extended him threats, of which complainant lodged complaint in the same night with Police Station, Darwha. In the morning of 29/8/1991, appellant, who was then working as Head Constable in Police Station, Darwha visited village Daheli to make enquiry and informed complainant that he had received report against him and five others and with reference to it, directed complainant and others to attend Police Station, Darwha on 2/9/1991 for the purpose of enquiry. Accordingly complainant along with his brothers, namely, Shankar and Rambhau, Bapurao (his nephew), Shrihari and Gajanan visited Police Station where Jagan Bharti was already present and their statements were recorded. At the same time, appellant is alleged to have informed complainant and all those, who accompanied him to Police Station, that he would arrest them and send them to Jail and prepare case against them so that they would be behind the bars till Pola and Ganpati festivals and for not doing so, it is alleged that appellant demanded bribe of Rs. 2000/ -. The amount being excessive was further negotiated to Rs. 1300/ -, out of which amount of Rs. 500/ - was paid on 2/9/1991 itself and appellant asked complainant to pay remaining amount of Rs. 800/ - on 5/9/1991 at 10 - 11 a.m. directing complainant and all those, who had accompanied him, to see him on that date along with sureties.

(3.) DURING the course of investigation, Investigating Officer recorded statements of witnesses including panchas and forwarded articles to Chemical Analyser and on receipt of sanction from competent Authority to prosecute appellant, filed charge -sheet in the Special Court. Charge was framed against appellant for the said offences, to which he pleaded not guilty and claimed to be tried. It is the case of appellant that amount of Rs. 800/ - which was accepted by him on 4/9/1991 from complainant was provided to him by his cousin brother Satish Gawande, which was required by him for providing medical treatment to his ailing father, however, he came to be falsely implicated.