STATE OF RAJASTHAN Vs. MOHANLAL KHURANA

JUDGEMENT

(1.) This appeal by the state has been filed against a judgment dated 20.8.99 passed by the learned Sessions Judge, (Anti Corruption Cases) Udaipur.

(2.) The prosecution story, in brief, was that in village Suratakheda distt. Chittorgarh, there was a dispute between PW 10 Bherulal on the one side and certain persons of the Banjara community on the other side. The grievance of Bherulal was to the effect that the rainy water which used to be discharged towards the house of Banjara's was stopped by the Banjara's and as a result, the water got diverted towards the house of Bherulal as a result of which he suffered inconvenience. There was a litigation in the civil court and on 23.11.92, the Munsif Kapasan passed an order Ex.D/4 according to which Bherulal was permitted to construct a 'Nali' for the discharge of the water. Bherulal was to incur the expenses of the 'Nali'.

(3.) The accused Mohan Lal Khurana was, at that point of time, working as the administrator and secretary of the Gram Panchayat, Akola and Bherulal and other villagers approached his to construct the Nali, so that, the inconvenience to Bherulal and to other residents of village could be avoided.