JIYALAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 10-11-1995 passed by Special Judge (under Section 3 of the Prevention of Corruption Act, 1988) (hereinafter referred to as the 'Act'), Balaghat in Special Criminal Case No. 1/92 whereby the appellant was convicted and sentenced as under with the direction that the jail sentences shall run concurrently :-

(2.) This appeal was allowed by a Single Judge of this Court vide judgment dated 26-6-2006 solely on the ground of invalidity of the sanction. However, in appeal preferred by the State, the Supreme Court, vide order dated 31-7-2009 passed by Criminal Appeal No. 1386/2009 reported as State of M.P. Vs. Jiyalal, 2010 AIR(SC) 1451, set aside the order of acquittal and remanded the matter for being considered on merits.

(3.) The appellant, at the relevant point of time, was posted as Patwari of Halka No. 62, falling within the territory of Revenue Circle Lalbarra. The complainant Mangulal (P.W. 1) is the nephew of Subhan (since dead) who was holding an agricultural land bearing Survey No. 122/1, situated at Village Sursodi. He moved an application for mutation of acquisition of rights regarding the land on the basis of a Will executed by Subhan in his favour. It was allowed by Naib Tehsildar, Waraseoni vide order dated 3-7-1989 (copy of which is available on record as Exh. P-4-A). However, while making the corresponding entry in the relevant land records, due to inadvertence, the appellant recorded name of complainant as Manglulal in place of Mangulal.