JUDGMENT :- The appellant along with another accused charged under Sections 409, 420, 468, 467, 465, 471 read with 34 of the Indian Penal Code and also for criminal misconduct under Section 5(1)(c) read with Section 5(d) of the Prevention of Corruption Act. The appellant was convicted and sentenced by the trial Court in following manner:-

U/sec. 409 I.P.C. R.I. for two years and to pay fine of Rs. 1000/-in default to suffer R. I. for six months.

U/sec. 465 I.P.C. R.I. for one year and to pay a fine of Rs. 500/-in default to suffer further R. I. for three months.

U/sec. 467 I.P.C. R.I. for two years and to pay a fine of Rs 500/-in default to suffer further R. I. for six months.

U/sec. 471 I.P.C. R.I. for six months.

U/sec. 5(1)(c) r.w. sec 5(2) of R.I. for six months and to pay fine of Rs. 500/-in de

2. The case of the prosecution is that the appellant as a Sarpanch of Shiravane Grampanchayat and continuing as such during the period from 19-8-78 to 14-10-1978, accused No. 2 Jagtap was working as a peon of the said Grampanchayat during the relevant time, P.W. No. 3 Kanha Raghunath Umatol was working as a gram sevak of the said Grampanchayat during 1976 to 15-6-1978. When he was transferre

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