LAWS(BOM)-2006-11-18

RAGHUNATH JAGANNATH DONGARE Vs. STATE OF MAHARASHTRA

Decided On November 13, 2006
RAGHUNATH JAGANNATH DONGARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned advocates for respective parties.

(2.) These appeals are arising out of the judgment in Special Case No. 19/91 of special Judge, Jalna whereby appellant in criminal appeal no. 314/95 (original accused no. 1) is convicted for the offence under sections 7 and 13 (1) (d) r. w. 13 (2) of the prevention of Corruption Act, 1988 (hereinafter referred to as the Act for short) and sentenced to R. I. for 6 months and fine of Rs. 100/- I. D. R. I. for one month for the offence u/s. 7 of the act and R. I. for 1 year and fine of Rs. 400/-I. D. R. I. for 2 months for the offence u/s. 13 (1) (d) punishable u/s. 13 (2) of the Act. Appellant in criminal appeal no. 313/95 (original accused no. 2) is convicted for the offence under Section 12 of the Act and sentenced to r. I. for 6 months and fine of Rs. 100/- I. D. R. I. for 1 month for the offence under Section 12 of the Act. Original accused nos. 1 and 2 challenged the said judgment of conviction by preferring separate appeals. However, both being the appeals arising out of the same judgment are decided by this common judgment. The facts in brief which are relevant for the purpose of these appeals are as under :

(3.) The incident in question was alleged to have taken place in the month of february, 1991. Accused no. 1 was working as a police constable attached to Moujpuri police station in Jalna district. In the year 1991 P. W. 1 syed Sikandar and his brother P. W. 7 Syed akbar were carrying business of sale of fire wood at Jalna. P. W. 9 Sk. Ishaq was working as a driver on truck No. MWP-3325 belonging to one Syed Rajjak. P. W. 1 Sikandar and his brother used to purchase fire wood from different places and used to transport the same to their depot at Jalna. For their business they had purchased Babul trees located in the field of P. W. 10 Bhivaji Hazare as well as from p. W. 13 Subhash Giri. On 14-2-91, P. W. 7 Syed akbar, P. W. 9 Sk. Ishaq and one cleaner proceeded to village Bhatepuri by truck no. MWP-3325. They had loaded the wood in the truck in the night and were coming back towards Jalna. When their truck came upto ramnagar, at about 4. 00 a. m. accused no. 1 apprehended their truck and made enquiry about the goods transported in the said truck. P. W. 7 akbar disclosed that the truck is loaded with babul wood. Accused no. l made enquiry whether Akbar is possessing the permit for transportation of wood through the truck. P. W. 7 Akbar disclosed that for transportation of such fire wood no permit is essential. Accused no. 1 who had detained the truck made demand of bribe of Rs. 2,000/- to release the truck. Akbar was having no money with him, so he expressed his inability to pay the bribe amount. Thereafter, accused no. l took the truck to Moujpuri Police Station. On the way to police station accused no. 1 made demand of rs. 1,500/ -. The truck was parked in the premises of Moujpuri Police Station. Accused no. 1 took the keys of the truck and asked Akbar and his driver to sleep there.