STATE OF MAHARASHTRA Vs. RAGHUNATH RAJARAM PATIL

JUDGEMENT

(1.) There is no merit in the above Criminal appeals filed by the State against the order of acquittal passed on July 9, 1973 by the Additional Sessions Judge, Jalgaon, in Sessions Case Nos. 10, 11 and 12 of 1973, in which the two respondents were tried for offences under sections 409, 467, 477-A read with section 34 of the Indian Penal Code.

(2.) The prosecution case against the two accused, briefly stated, was as under. Between the years 1966 to 1971, respondent No. 1, Raghunath Rajaram Patil, was the Sarpanch and respondent No. 2, Jankiram Lrishna Patil, was the Sevak-cum-Secretary of the village panchayat at village Ainpur, Taluka Raver, District Jalgaon. After the election for the year 1970-71 accused No. 1 was re-elected a member of the panchayat but ceased to be the Sarpanch as Shrawan Punjaji was elected as the Sarpanch by the new body. Shrawan took over the charge from accused No. 1, sometime in July, 1971.

(3.) Sub-auditor, Shiva S. Kedar of Local Fund Office, at Jalgaon, inspected the accounts of the Panchayat for the period 1968-69 to 1970-71 and found Several irregularities in the expenses incurred by the Panchayat relating to the road repairs, drain erection and other repairs, well clearance and waterpipe line as they were undertaken without inviting tenders in the requisite forms. Kedar, therefore, made a report pointing out the defects to the village panchayat.