STATE OF MAHARASHTRA Vs. YESHWANT PARASHARAM SAWANT

JUDGEMENT

(1.) The above appeal is filed by the State, against the order of acquittal passed by the learned Special Judge. Thana, in Special Case No. 7 of 1971 of the charge under section 5(1)(d) read with section 5(2) and (3-A) of the Prevention of Corruption Act, 1947.

(2.) The prosecution case briefly stated was that the accused was the Additional Mamlatdar and Agricultural Lands Tribunal, functioning as such under the Bombay Tenancy and Agricultural Lands Act, 1948 between May 24, 1964 to December 14, 1966 and also from December 15, 1966 to October 16, 1967 at Palghar as a Mamlatdar in the latter period and as an Additional Mamlatdar in the earlier period.

(3.) One Dattatraya Vishnu Kirtane (P.W. 10) owned grass lands bearing Surveys Nos. 830/8, 831/4, /831/11 and 922 and some land out of Hissa No. 823 and paddy lands bearing Survey Nos. 418 and 389/4 situate in Vabulsor, a hamlet of Mahim village in Palghar Taluka. The grass lands were entered in the name of one Kanta Girdhari Tiwari as a protected tenant in the record of rights. After Kantas death in 1949, his name continued as a tenant cultivating the lands upto 1953-54. The name of his brother Ramnath Tiwari came to be entered upto 1961-62 as a tenant. From 1962-63 and onwards the owner Kirtane was shown as cultivating the lands personally.