Judgment

SARKARIA, J.:- The appellant, Shripad Shivram Kulkarni (original accused 1) and Babulal Faras (original accused 2) were both working as Maintenance Surveyors in the same Office under the City Survey officer, Kolhapur. Both were prosecuted under Section 5 (1) (d) of the Prevention of Corruption Act and under Sections 161 and 120B read with Section 34 of the Indian Penal Code in the Court of Special Judge, Kolhapur.

2. The prosecution case was that house bearing No. C.T.S. 2340, A ward, Kolhapur was standing in the name of the father of one Madhav. Madhav submitted an application (Ex. 14), dated August 18, 1971, to the City Survey Officer, requesting that his name be substituted in place of his father. At the relevant time, the appellant was in charge of A Ward, while Faras was in charge of another Ward. After receiving the application, the City Survey Officer (P. W. 5) initialled it and directed the complainant to take it to the appellant. Accordingly, Madhav accompanied by his maternal uncle (P. W. 2) approached the appellant who was then sitting in a hall in which the other Maintenance Surveyors, including Faras, and Clerks were working at different tables. The complainant