JIVANDHAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order of conviction passed by Special Judge [A.C.], Aurangabad dated 29/06/2000 in Special Case No. 6/1994, whereby the appellant is convicted for the offence punishable u/s 7 of the Prevention of Corruption Act, 1988 and directed to suffer Rigorous Imprisonment for one year and to pay fine of Rs. 200/ and in default Rigorous Imprisonment for three months. The Court below also convicted the appellant for the offence punishable u/s 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 and directed to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 500/ and in default Rigorous Imprisonment for six months.

(2.) The appellant was tried before the learned Judge of the Court below along with Sakhahari Walmik Bhople. A Charge was framed against the appellant and said Sakhahari Walmik Bhople vide Exh. 9 in Special Case No. 6/1994 on 17/10/1998. Coaccused Sakhahari Walmik Bhople was acquitted by the learned Special Judge.

(3.) The prosecution case is as under. Deepak Govindram Lalwani [P.W. 1] lodged a Complaint [Exh. 15] with Anti Corruption Bureau, Aurangabad on 15/03/1994. Complaint reveals that complainant Deepak Lalwani is the resident of Kannad. He resides jointly with his father and brothers. They run a hotel and eating house at Kannad since last 15 years. It is known as " Milan Khanawal ". The licence of the said eating house stands in the name of father of the complainant. Said hotel is run by complainant, his father and brother Suraj Lalwani. According to the complaint, both vegetarian and non vegetarian food, tea and cold drinks are for sell in the said hotel. Complainant prepares tea in the hotel. Said hotel is situated in the landed premises of Rajkumar Bharuka in front of S.T. Stand, Kannad. Apart from the family members, Bhausaheb and Kalu are the employees.