BHASKAR SHANKAR WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are being disposed of together in as-much-as they arise out of same judgement rendered by learned Special Judge, Dhule, in Special Case No. 5 of 1991. By the impugned judgement, both the appellants, who are husband and wife interse, have been convicted for offences punishable under section 13 (1) (e) read with section 13 (2) of the Prevention of Corruption Act, 1988 and section 13 (1) (e) read with section 13 (2) of the Prevention of Corruption Act, 1988 read with section 109 of the I.P. Code, respectively. Appellant Bhaskar Wagh (original accused No. 1) has been sentenced to suffer rigorous imprisonment for seven (7) years and to pay a fine of Rs. three (3) lacs, in default to suffer rigorous imprisonment for three (3) years. Appellant Sow. Mangala Wagh (original accused No. 2) has been sentenced to suffer rigorous imprisonment for three (3) years and to pay a fine of Rs. two (2) lacs, in default to suffer rigorous imprisonment for two (2) years.

(2.) The gravamen of the charge against the appellants was that in between the check period - 1984 to 1989, appellant Bhaskar Wagh enmassed assets disproportionate to his known lawful sources of income, failed to satisfactorily account for the possession of such assets and appellant Sow. Mangala, abetted him in commission of such offence by allowing him to acquire several properties in her name.

(3.) Admittedly, appellant Bhaskar Wagh was employed as Junior Assistant/Cashier somewhere in 1973 on Establishment of Zilla Parishad, Dhule. He was working as such in Minor Irrigation Department (Z.P.) uptil August, 1989. Undisputedly, he was paid net amount of Rs. 1,27,781/- as pay and allowances for the relevant period.