ABDULLA MOHAMMED PAGARKAR, AND ETC Vs. STATE

JUDGEMENT

(1.) Abdulla Mohammed Pagarkar, the appellant in Appeal No.19 of 1973, was accused No.1 in the Special Case No.1 of 1971 in the Court of the Special Judge, Panaji. Moreshwar Hari Mahatme, the appellant in Appeal No.21 of 1973, was the accused No.2 in the said Special Case No.1 of 1971. For brevity's sake Pagarkar will be referred to as "A-1" and Mahatme as "A.2." As the two appeals arise from the same order passed in Special Case No.1 of 1971, the appeals of A-1 and A-2 shall be disposed of together by this common judgment.

(2.) A-1 was convicted under S.120-B (1) read with Ss.420, 468 and 471 I. P.C. and S.5 (1) (d) of the Prevention of Corruption Act and sentenced to 2 years R.I. and Rs.500/- fine or in default to further one month's R. I. He was further convicted under Ss.420,468,109 read with Ss.468 and 471 I. P. C. and sentenced to 2 years R. I. and Rs.500/- fine for each offence or in default further one month R. I. A-1 was also convicted under S.5 (2) read with S.5 (1) (d) of the Prevention of Corruption Act and sentenced to 2 years R. I. and Rs.2,00,000/- fine or in default 18 months R.I. having regard to the provisions of S.5(2) A of the Prevention of Corruption Act and S.65 of the I. P. C.

(3.) A-2 was convicted under S.120-B (1) read with Ss.420, 468, 471 and 109, I. P. C. and S.5 (1) (d) of the Prevention of Corruption Act read with S.109 I. P. C. and sentenced to 2 years R. I. and Rs.500/- fine or in default one month's R. I. He was further convicted under Ss.420, 468,471 all read withS.109 I. P. C. and sentenced to 2 years R.I. and Rs.500/- for each offence or in default further one month's R. I. A-2 was also convicted under S.5 (2) read with S.5 (1) (d), Prevention of Corruption Act and S. 109, I. P. C. and sentenced to 2 years R. I. and Rs.2,00,000/-fine or in default to 18 months R. I., under the provisions of S. 5 (2)-A of the Prevention of Corruption Act and S.65, I. P. C.