SUSHMA GAJANAN MAKESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals, the appellants (the accused persons) have challenged judgment and order dtd. 6/7/2013 passed by learned Additional Sessions Judge & Special Judge, under the Prevention of Corruption Act, 1988 , Amravati (learned Judge of the trial court) in Special ACB Case No.2/2008.

(2.) By the said judgment impugned in these appeals, appellant - Sushma Gajanan Makeshwar (accused Sushma) is convicted for offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (the PC Act ) and sentenced to undergo rigorous imprisonment for two years and to pay fine Rs.2000,.00 in default, to undergo rigorous imprisonment for three months. She is further convicted for offence punishable under Sec. 13(1)(d) read with 13(2) of the PC Act and sentenced to rigorous imprisonment for three years and to pay fine Rs.2000.00, in default, to undergo rigorous imprisonment for three months. Appellant - Raju Mahavirprasad Agarkar (accused Raju), is convicted for offence punishable under Sec. 12 of the PC Act and sentenced to undergo rigorous imprisonment for two years and to pay fine Rs.2000.00, in default, to undergo rigorous imprisonment for three months.

(3.) Brief facts of the prosecution case as emerge from the police papers and recorded evidence are as under: Chetan Pardakhe (the complainant), is resident of Dhamangaon Rly, district Amravati. His grandmother Vatsalabai has bequeathed old house in favour of his mother Jayabai. Said Vatsalabai died in the year 2000. However, the house property was standing in her name and, therefore, he applied for construction of the said house as the house was in dilapidated condition and, therefore, the house is demolished. He filed an application to Nagar Parishad, Dhamangaon Rly seeking permission to construct the house. At the relevant time, accused Sushma was serving as Chief Executive Officer of the Nagar Parishad, Dhamangaon Rly. and accused Raju was serving as Accounts Officer in the said Nagar Parishad.