STATE OF MAHARASHTRA Vs. SAMBHAPPA TRIMBAKAPPA GIRWALKAR

JUDGEMENT

(1.) In this appeal, there is challenge by the State to the Judgment and order of acquittal dtd. 15/4/2006 passed by learned Chief Judicial Magistrate, Latur in R.C.C. No.232 of 2000.

(2.) In nutshell, present respondents (original accused) were chargesheeted by Shivajinagar Police Station, Latur, alleging that they have committed offence under Ss. 420, 465, 468, 471, 511 read with 34 of the Indian Penal Code (IPC) as they indulged in cheating the State Government by filing application under Sec. 28-A of the Land Acquisition Act ((hereinafter referred as "the Act") on behalf of one Ibrahim Rahim Pathan in spite of said person filing Reference under Sec. 18 of the Act and having already stood beneficiary of the compensation. Allegations are that both accused manufactured documents and asserted claim for compensation even when they had knowledge about said Ibrahim had received compensation as per law.

(3.) On receipt of complaint from PW1 Sanjay Anantrao Adhav, Special Land Acquisition Officer (SLAO), investigation was carried out and on its completion, both accused were chargesheeted and tried before learned Chief Judicial Magistrate, Latur. During trial, prosecution adduced evidence of in all five witnesses and relied on documentary evidence. Learned Chief Judicial Magistrate appreciated the above evidence and ultimately reached to a finding that prosecution failed to bring home any of the charges and finally acquitted accused by judgment and order dtd. 15/4/2006.