BHAURAO MAROTRAO MANEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Bhaurao who was working as a Talathi having been convicted of the offence punishable under section 161 of the Indian Penal Code and section 5 (1) (d) read with section 5(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500, or in default to suffer rigorous imprisonment for six months, has preferred the present appeal.

(2.) It is common ground that the appellant at the relevant time was working as a Talathi or a Patwari at village Tiwari, district Yavatmal. Kuwarsing (P. W.I), Jemla (P. W. 4) and one Sakru owned lands at village Tiwari. Kuwarsing and Sakru wanted to sink wells in their fields, while Jemla wanted to install an oil engine on his existing well. They required loan from Land Development Bank, Digras and for that purpose they required copies of crop - statements, Record of rights and a certificate from the Patwari.

(3.) The prosecution alleged that these three persons had approached this appellant and had furnished him with blank forms required for preparation of the above documents The appellant demanded a sum of Rs. 25 from each of them for supply of these documents to them.