JUDGMENT

1. This appeal is preferred by the State of Maharashtra under Sec. 378 (3) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") challenging the judgment and order dtd. 27/9/2005 acquitting the respondent - accused for the offences under Ss. 7 and 13(1)(d) r/w Sec. 13(2) and Sec. 12 of the Prevention of Corruption Act, 1988 (for short "PC Act").

2. During the pendency of this appeal, the respondent No.2 has expired. The death certificate of respondent No.2 has been produced by the learned counsel for the appellant which indicate that the respondent No.2 has expired on 22 nd August, 2021. The photo copy of the death certificate is taken on record and marked as 'X' for identification. In view of the aforesaid circumstance, the appeal against the respondent No.2 stands abated.

3. The case of the prosecution is as under :-

(a) The accused No.1, Ashok Ramdas Patil was working as Chief Engineer and the accused No.2 was Executive Engineer. It is alleged that, being a public servant the accused No.1 had accepted the amount of Rs.1,00,000.00 from the complainant as a gratification other than legal remuneration for supplying copies of contract drawings, working drawings and l