NAMDEO SHANKARRAO GAWANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Applicant was prosecuted for offences punishable under Section 468, 471, 420 of the Indian Penal Code. The applicant faced trial before learned Magistrate, Chandur (Rly) in Criminal Case No. 148/1997. The applicant was convicted under Section 461 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-in default he was ordered to suffer rigorous imprisonment for three months. He was also convicted under Section 471 of the Indian penal Code and was ordered to suffer rigorous imprisonment for six months and to pay a fine of Rs. 200/-in default he was to undergo rigorous imprisonment for one month. The applicant was also convicted under section 420 of the Indian Penal Code and was also ordered to suffer rigorous Imprisonment for two years and to pay a fine of Rs. 500/-and was to undergo rigorous imprisonment for three months in default of payment of fine. All the sentences were ordered to run concurrently.

(3.) I have heard Mrs. Deshpande, learned Advocate for the applicant and Mr. Yengal, A. P. P. for the State. In order to test the case of prosecution, it was necessary for the Court to check up as to how 7/12 extract in the name of the applicant came to be prepared. The evidence of Sadashiv (PW2) goes to show that he was required to go out of his headquarters for office work and for the sake of convenience, as a matter of practice, he used to keep signed blank 7/12 extracts so that applicant would be able to attend to that job. Sadashiv (PW2) has categorically stated in his evidence that on 15. 08. 1996, he was required to leave his headquarters and to enable the present applicant to issue 7/12 extract to the cultivators, he had prepared signed blank 7/12 extract and entrusted them to the present applicant. He further stated that he used to keep copies of those 7/12 extracts in the cupboard and one key of the same used to be retained by him and the other key used to be handed over to the applicant. He further stated that he told the applicant to mention the entry in the signed blank 7/12 extract as per the record and issue it to the cultivators. He stated that on 15. 08. 1996 he had to go to village Dipori for flag hoisting and he was out of town that is how the blank 7/12 extract came to used by the applicant.