SURYAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused/appellant has challenged the judgment of conviction recorded by the Special Judge, Aurangabad, in Special Case No.3/1992, dt.30th Oct.,1996, whereby the accused/appellant is convicted for an offence under Section 7 of Prevention of Corruption Act and for an offence under Section 13(1)(d) read with Section 13(2) of the said Act, directing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.300/-, on both counts.

(2.) There were controversies and dispute between Uttam Chandel ( PW 7) and one Bhimraj Chandel ( PW 5) and his father Karbhari on account of the land. PW 7 Uttam Chandel had reported the matter to Police vide Exh.13. The accused/appellant was directed by PW No.4 Prakash Lagad to carry inquiry and to take necessary preventive action. On 26.4.1991 Bhimraj (PW 5) also filed report (Exh.11) against Uttam Chandel ( PW 7) and his family members with identical allegations, which was also marked to accused by PW 3 Nivrutti for inquiry.

(3.) On 27.4.1991 PW 5 Bhimraj approached the complainant ( who is elder brother of PW 5's father-in-law) and informed that there was threat from the accused to arrest him and, consequently, the complainant joined PW 5 and met the accused who, in turn, informed the complainant and PW No.5 Bhimraj about the application of PW No.7 Uttam, due to which Accused will arrest them. Consequently, as per the direction of the accused, they accompanied him to Waluj Police Station. However, at his instance, they slept in the Varandah of Police Station and on 28.4.1991, they again met the accused and requested that they should not be arrested. At such time the accused demanded Rs.500/- to desist from arresting PW 5 and his father. However, he told, he will initiate chapter proceedings. Complainant Shamrao (PW 1) paid Rs.100/- and assured to give the balance amount of Rs.400/- on 30.4.1991, the accused directed to pay the amount on that day at the Police Station itself.