TANAJI T SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants were tried by the learned Special Judge, Kolhapur, for offences under section 409 read with section 34, and section 468 read with section 34, and section 477-A read with section 34 I.P.C. and section 5(1)(c) read with section 5(2) of the Prevention of Corruption Act. Original accused No. 1 Shelar was convicted for all the said offences. Original accused No. 2. Sankapal was acquitted of the offence under section 409 read with section 34 I.P.C. and section 5(1)(c) of the Prevention of Corruption Act. Both the accused were charge-sheeted in the following circumstances :---

(2.) The Zilla Parishad had undertaken construction work of certain roads in Radhanagari Sub-Division, Kolhapur, in the year 1971-1972. Accused No. 1 was the overseer and accused No. 2 was the Mistry, between the period 18th March, 1971 to 14th July, 1972 being the relevant period for the purposes of this case.

(3.) It was the duty of accused No. 1 to supervise over the work of Road construction and to obtain muster-rolls from the Deputy Engineer. The duty accused No. 2 was to fill in the muster-roll by marking attendance of the workers and mentioning daily wages earned by them. Accused No. 1 was required to take measurements and mention the rate of wages and submit the muster-rolls to the Deputy Engineer for checking and passing to enable the accused No. 1 to receive the amount from B.D.O. for disbursement to the workers. Another duty of accused No. 2 was to identify the workers and to witness the payment. According to the prosecution a total amount of Rs. 156/- had been misappropriated by both the accused. There were alleged payments to one Babu Shiva for 52 days at the rate of Rs. 3/- per day, thus making Rs. 156/-. These payments were alleged to have been made by forging entries in Exhibits 18,19 and 20. The thumb impressions alleged to be that of Babu Shiva were not in fact his thumb impressions. In Ex. 18, it is shown that Babu Shiva worked for 5 days and received payment of Rs. 15/- in Ex 19, it is shown that Babu Shiva worked for 25 days and paid Rs. 75/- and in Ex. 20, it is shown that Babu Shiva worked for 22 days and was paid Rs. 15/-. According to the prosecution, Babu Shiva in fact did not work during these periods.