KRISHNA BABURAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Jadhav for the appellant and APP for the State.

(2.) This is an appeal filed by the accused No.1 against his conviction by the Special Judge, Kolhapur (B.B.Satarle) under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, under which he has sentenced to RI for one year and to pay a fine of Rs.1,000/- in default to undergo S.I. for 3 months.

(3.) Originally there were two accused in this case before the trial Court. Accused No. 2 was acquitted. The prosecution case in brief was that at the relevant time i.e. in October 1989 accused was working a Talathi of Village Waloli and three other villages. His head quarter was at Village Pohale. Complainant Ashok Baliram Patil was residing at Village Waloli and was having agricultural land there. Complainant's father died in 1988 and the ancestral land was shown in the name of the complainant's brother Rajaram Baliram Patil in the record of rights Complainant therefore approached the present accused and requested him to enter his name and also of his two younger brothers in the 7x12 extract as per their respective shares i.e. Anewari. The accused demanded Rs.1,000/- as bribe for doing the said favour. This demand was made repatedly again. Ultimately, the complainant promised to pay to the accused Rs.400/-. He was told by the present accused to come at Village Pohale. Thereafter on 18.10.1989 the complainant lodged his complaint to the Anti Corruption Bureau. Accordingly, a trap was arranged wherein the complainant gave Rs. 400/- to the present accused and the present accused was caught in the trap. According to the prosecution the amount of Rs. 400/- with anthracene powder was taken by the present accused and was handed over by him to the acquitted accused. Therefore, both of them were charge-sheeted jointly.