GIRIDHAR VITHAL KAMBLI Vs. STATE OF GOA

JUDGEMENT

(1.) CRIMINAL Appeal No. 49 of 1993 is filed by accused No. 1 in Sessions Case No. 1/85 in the District and Sessions Court, South Goa, Margao, and Criminal Appeal No. 50 of 1993 is filed by accused No. 2 in the aforesaid case. Since both these Appeals arise out of a common judgment, I am disposing of these two Appeals by this common judgment.

(2.) THE appellant in Criminal Appeal No. 49 of 1993 was working as a Talathi of Record of Rights and the appellant in Criminal Appeal No. 50 of 1993 was Assistant of the aforesaid Taiathi. The appellants were charged for offences under Sections 161 and 165 of Indian Penal Code r/w Section 5(2) of Prevention of Corruption Act, 1947 r/w Section 34 of Indian Penal Code. After trial, the appellants were convicted. They were found guilty for offences under Sections 161 and 165 I.P.C. read with Section 5(2) of the Prevention of Corruption Act, 1947 read with Section 34 I.P.C and they were sentenced to undergo Rigorous Imprisonment for 1 year and a fine of Rs. 500/ - each. In default of payment of fine, the accused were sentenced to undergo Simple Imprisonment for 1 month each. The learned Advocate Mr. D.P. Bhisse appeared for appellant in Appeal No. 49 of 1993 and learned Advocate Mr. Lotlikar appeared for appellant in Appeal No. 50 of 1993.

(3.) THEREAFTER P.W.1 and P.W.3 discussed the matter in detail and decided that a complaint should be filed. Then P.W.1 took Rs. 500/ - and left for Panaji at about 4:45 p.m. on 24.6.1983. He met Ashok Dessai, Vigilance Officer, P.W.2 and informed him that the accused were demanding money in order to make entries in the Record of Rights. P.W.2 then took the complainant and Mathew Pereira to Panaji Headquarters and thereafter he took him to Altinho from where he took him to the house of Dy. S.P. Moraes at St. Inez and inform him of the matter. Then Dy. S.P. Moraes told Mathew Pereira to come to the Police Station on 25.6.1983 at 6:30 a.m. Ashok Dessai was also asked to arrange two panchas. P.W.1 Mathew Pereira stayed at Hotel Natraj for the night since he was called at the Panaji Police Station at about 6:00 a.m.