PRAMODINI PURUSHOTTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order of conviction and sentence and also the order regarding the disposal of property passed by the Special Judge, Akola on 27-2-1984 in Special Case No. 1 of 1983 convicting the original petitioner accused Purushottam Awadhut Kulkarni of the offence punishable under Section 5 (1) (e) read with Section 5 (2) of the Prevention of Corruption Act and sentencing him to undergo rigorous Imprisonment for two years, fine of Rs. 2,000/- or in default to undergo further rigorous Imprisonment for six months and further forfeiting the gold ornaments weighing 6. 80. 400 grams, 2 kilograms of silver and cash worth Rs. 2,878/- has been challenged in this appeal.

(2.) THE deceased Purushottam Awadhut Kulkarni and his brother Prabhakar A wadhut Kulkarni left their original place Jalgaon after secondary education and came to Akola in 1955 or so. Purushottam got an employment in the Agriculture Department of the erstwhile Government of Madhya Pradesh. He was appointed as agricultural assistant and continued in the service. His brother Prabhakar was appointed initially as Daftari in the office of Inspector of Factories, Akola in 1955. He was however, promoted as clerk within two years and continued to serve in the same office. Purushottam was married to original accused No. 2 Pramodini sometimes in 12,58. Prabhakar was married to original accused No. 4 Pratibha sometimes in 1964. Initially Purushottam and Prabhakar were staying jointly under the same roof and were enjoying the common mess. Their respective wives joined them and they were all having common mess and common shelter. It is enough to point out at this stage that Pratibha prior to her marriage was serving as a Nurse at Chalisgaon. She continued to serve even after her marriage for about 2 years. She was after the marriage, posted at village Agar where she was serving. She gave up her service sometimes in 1966.

(3.) SARASWATIBAI was the mother of Purushottam and Prabhakar. She was staying with her husband at Jalgaon. However, her husband died sometime in 1961 or so. She continued to stay there for about 2 or 3 years more and after winding up everything at Jalgaon, she came to stay with her sons at Akola in 1965. She continued to stay with her sons under the same shelter till her death which occurred sometime in 1982. This factual position has not been controverted.