RAMCHANDRA SHANKARRAO DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Ramchandra Shankarrao Deshpande (Original accused No. 1) was tried along with one Bhaskar Shriram Rudrawar (Original accused No. 2) by the learned Special Judge, Parbhani, and he has been convicted under sections 218, 467, 468, 477-A and 420 of the Indian Penal Code and section 5(2) read with sections 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to suffer R.I. for 2 years and to pay a fine of Rs. 200/- or in default to suffer R.I. for two months on each of these counts. The substantive sentences on all the counts have, however, been directed to run concurrently.

(2.) During the year 1970, the Boring Sub-Division Aurangabad, was carrying out boring work departmentally at Chincholi-Darade, Taluka Jintoor, District Parbhani. At the boring site, the staff consisted of only three persons viz. (1) Accused No. 1 Ramchandra Deshpande, (2) accused No. 2 Bhaskar Rudrawar and (3) D.M. Maske, who were working as Muster clerk, Fitter and Operator respectively. As Muster clerk, it was the duty of accused No. 1 Ramchandra Deshpande to employ labourers, keep a record of their attendance, prepare muster rolls and submit them to the Boring Sub-Division at Aurangabad for sanction. Accordingly, during the period from April to July 1970, accused No. 1 Ramchandra Deshpande prepared and submitted five muster-rolls bearing Nos. 093411, 093435, 093434, 093078 and 093079 to the Boring Sub-Division at Aurangabad. In the Boring Sub-Division at Aurangabad, these muster-rolls and the measurements noted therein were scrutinised and the amounts to be paid to the labourers were sanctioned. Accordingly, one of the Overseers serving in the Sub-Division went to Chincholi-Darade and made payments of the moneys to the labourers whose names appeared in those five muster-rolls. Some time thereafter, somebody made an anonymous application, saying that in the matter of employing labourers for the Boring Division at Chincholi-Darade and in making payments to these labourers the persons concerned had indulged in certain malpractices. The matter was investigated into by P.S.I. Ramrao Joshi attached to the Anti-Corruption and Prohibition Intelligence Bureau at Parbhani and a charge sheet was eventually sent up against accused Nos. 1 and 2 to the Court of the Special Judge at Parbhani under several sections of the Indian Penal Code and also under section 5(2) read with sections 5(1)(d) of the Prevention of Corruption Act, 1947. On the request of the learned Public Prosecutor, the case was split up into five separate special case, one in respect of each of the five muster-rolls. The present case is in respect of the Muster-roll bearing No. 093411. This muster-roll is produced at Ex. 9 and it is for the period from April 24, 1970 to May 15, 1970. The entries in this muster roll are to the effect that one Rajdhar was employed as a helper and 8 others, including (1) Laxman Vithal, (2) Laxman Yada and (3) Laxman Sakhram were employed as male mazdoors for 12 days each and every one of them was paid Rs. 38.64 by way of their wages on May 28, 1970. These three persons purport to have affixed their left hand thumb impression against their names in the muster roll in token of having received the afore-mentioned amount of Rs. 38.64 by way of wages for the work they did for 12 days.

(3.) According to the prosecution, none of these persons really worked at any time as male mazdoors at the boring site and no moneys were also paid to them and that the accused had fabricated this false document for the purpose of misappropriating the amounts shown against the names of these three persons. Both the accused denied the charge and pleaded not guilty.