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1981 Supreme(Bom) 173

PADHYE
Dadasaheb Bapusaheb Naik and etc. , – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
P.P. Hudlikar with Smt. V.R. Bhosale, M.L. Dudhat with Gurunath Kulkarni and V.H. Gumaste with K.H. Chopda, for Appellants; N.M. Kachare Public Prosecutor, for the State.

Judgement

JUDGEMENT :- The above referred three appellants in three different appeals as original accused Nos. 1, 2 and 4 respectively and acquitted accused Madhukar Vithal Patekar were tried in Special Case No. 2 of 1977 in the Court of the Special Judge, Ahmednagar, for offences punishable under (1) Section 120-B I.P.C. and (2) Sec. 420 read with Sec. 120-B I.P.C. In addition to the above charges, which were framed against all the accused, original accused Nos. 1, 2 and 3, who were officers from various departments working under the Zilla Parishad, Ahmednagar, and the Panchayat Samiti, Parner, were further charged for offences punishable under Sec. 477-A read with Sec. 120-B I.P.C. and Sec. 5(2) read with Sec. 5(1)(d), Prevention of Corruption Act and further read with Sec. 120-B, I.P.C. Alternatively, a charge for substantive offences punishable under Secs. 420 and 477-A read with Sec. 109 and/or S.34, I.P.C. was also framed against all the four accused. The learned Special Judge, while acquitting original accused No. 3 Madhukar Vithal Patekar, who was Extension Officer (Works) working under the Panchayat Samiti, Parner, of all the offences charged and while acquitting the first
























































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