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2020 Supreme(Bom) 332

IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
T.V. NALAWADE, M.G. SEWLIKAR, JJ.
The State of Maharashtra through Public Prosecutor, High Court, Bench at Aurangabad and Ors - Appellant
Versus
Prabhakar Karbhari Ghatmale and Ors - Respondents
Criminal Appeal No. 55, 56 of 2009, 430 of 2001, Criminal Revision Application No. 145 of 2008, Criminal Application No. 2513 of 2018
Decided On : 29-05-2020

Advocates:
Advocate Appeared:
For the Appellant : Shri. R. V. Dasalkar, APP
For the Respondent:Mr. N.L. Choudhary, Shri. A.G. Godhamgaonkar, Advocate

Headnote:(A) Indian Penal Code - Sections 409, 420, 465, 467, 468, 471, 471A, 477A, r/w. 34 - Appellant State challenges acquittal and seeks conviction overturned by first appellate court for accused involved in misappropriation during supply of government dairy cans. Trial Court convicted accused of cheating and forgery. The accused manipulated records to show false supply and conceal inferior quality of cans. (Para 83)

(B) Conviction - The Trial Court's conviction was based on substantial evidence and confessions indicating collusion and manipulation among accused during procurement of goods for public service. (Paras 71-84)

Facts of the case:
Accused, employees of a state-run dairy, misrepresented supply of cans leading to significant government losses. Complaints regarding quality and short supply triggered investigations culminating in charges under IPC sections outlined. (Paras 1-8)

Findings of Court:
Trial Court held that evidence of manipulation by accused was conclusive, highlighting their roles in misrepresentation of dairy supplies, resulting in the conviction for forgery and cheating. (Para 83)

Issues: Main issues included the legitimacy of supply records, quality of goods received, and culpability of each accused in the declared misconduct. (Paras 82-84)

Ratio Decidendi: The court stressed that manipulation of procurement records and failure to ensure quality were deliberate acts constituting criminal misrepresentation, warranting custodial sentences and fines. (Paras 83-84)

Result: Criminal appeals partially allowed; convictions affirmed with reduced penalties, setting a precedent on accountability in public procurement. (Para 86)

Table of Content
1. overview of case proceedings and initial facts (Para 1 , 2 , 3 , 4)
2. description of misappropriation and investigation (Para 5 , 6 , 7 , 10)
3. evidence regarding procedures in milk can supply (Para 11 , 12 , 14 , 15)
4. witness testimony highlighting manipulation in records (Para 18 , 19 , 40)
5. court’s application of legal principles to evidence (Para 82 , 83 , 84)
6. final judgment and conclusions regarding convictions (Para 86 , 87)

JUDGMENT :

T.V. NALAWADE, J.

1. The proceedings are filed either against the decision of R.C.C. No. 92/1996 (original proceeding) or against the decision given in appeals which were filed to challenge the decision of conviction given in R.C.C. No. 92/1996 by the Trial Court. R.C.C. No. 92/06 was filed by the State in C.R. No. 123/1992 which was registered in Dhule Police Station for the offence punishable under sections 409, 420, 465, 467, 468, 471, 471-A, 477-A, r/w. 34 of INDIAN PENAL CODE (hereinafter referred to as ‘I.P.C.’ for short). The Trial Court convicted accused Nos. 1 to 3 of this case by the judgment and order dated 21.8.2001 for the offences punishable under sections 420 r/w. 34 of INDIAN PENAL CODE . Each of the three accused was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default of payment of fine, they were to undergo, simple imprisonment for six months. These three accused were convicted for the offence punishable under section 465 r/w. 34 of I.P.C. also and under that section, each of them was sentenced to suffer rigorous imprisonment for one year. They were acquitted of the remaining offences. When seven accused were tried, the remaining accused, except the aforesaid three, were acquitted by the Trial Court of all the offences. Accused Nos. 1 and 3 filed Criminal Appeal No. 17/2000 in Sessions Court, Dhule. By the decision dated 18.6.2008 the learned Sessions Judge allowed this appeal partly of accused No. 1. The decision of conviction given for the offence punishable under section 420 of I.P.C. against accused No. 1 was set aside by the Sessions Court and accused No. 1 came to be convicted for the offence punishable under section 417 of I.P.C. The first appellate Court has convicted accused No. 1 for this offence and he is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.5,000/-. The conviction given for the offence punishable under section 465 r/w. 34 of I.P.C. against accused No. 1 is maintained by the learned Sessions Judge. Accused No. 3 is acquitted of all the offences by the first appellate Court. Accused No. 2 had filed separate appeal No. 21/2001 to challenge the decision of conviction given against him by the Trial Court. That appeal is also partly allowed by the learned Sessions Judge by the common judgment dated 18.6.2008. The conviction given for the offence punishable under section 420 r/w. 34 of I.P.C. to this accused is also set aside and he is convicted for the offence punishable under section 417 r/w. 34 of I.P.C. Similar sentence is given to him which is given to accused No. 1. The conviction given to him for the offence punishable under section 465 r/w. 34 of I.P.C. by the Trial Court is confirmed by the first appellate Court. Due to this decision of Sessions Court, the State has filed Criminal Appeal No. 55/2009 and 56/2009 in this Court. As accused Nos. 1 and 2 are convicted by the Trial Court and first appellate Court, they have filed Criminal Revision Nos. 145/2008 and 146/2008. As the Trial Court had acquitted accused nos. 4 to 7 of all the offences State has filed Criminal Appeal No. 430/2001 against that decision in this Court. The proceedings are filed as per the procedure which was in existence at the relevant time before the amendment of the CRIMINAL PROCEDURE CODE (hereinafter referred to as ‘Cr.P.C.’ for short). All the sides are heard in all the proceedings.

2. In short, the facts leading to the institution of the aforesaid proceedings can be state

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