JUDGMENT - B.V. CHAVAN, J.:---The appellant/original accused, has challenged his conviction and sentence for offences under section 161 of the Indian Penal Code and under section 5(1)(d) read with section 5(2) of Prevention of Corruption Act, 1947 along with the sentence of R.I. for a year and to pay a fine of Rs. 500/- on both counts in default R.I. for three months.

2. The appellant was charged on the following facts.

Madhaorao Gadekar (P.W. 3 ) was looking after the property of his brothers inspite of the partition amongst themselves. They held the landed properties at village Birsingpur and Deulghat. Madhaorao (P.W. 3) being the President of a Co-operative Society as per the rules of the Society, he could not obtain any loan in his name. Therefore, he had to obtain loan from the society in the name of his brother Yadeorao. At the material time, he approached the Secretary of the society one Deokar for obtaining a fresh loan in the name of his brother-Yadeorao. Deokar told him to repay the arrears. Accordingly, Madhaorao (P.W. 3) paid the arrears and met Deokar on 6-5-1983. Deokar thereupon advised him to bring a fresh 7/12 extract from the Patwari. Consequently Madhaorao (P.W. 3

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