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2022 Supreme(Bom) 985

SARANG V.KOTWAL
Mansaram s/o Damu Ahire – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Satyavrat Joshi a/w. Sumant R. Deshpande a/w. Nilesh Mohite
For the Respondent: Smt. Veera Shinde, APP

JUDGMENT :

1. The Appellant has challenged the Judgment and order dated 03/05/2012 passed by learned Additional Sessions Judge–2, Niphad, in Special Case No.01 of 2007. By the impugned Judgment and order, the Appellant was convicted for commission of offence punishable U/s.7 of the Prevention of Corruption Act, 1988 (for short ‘P. C. Act’) and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/-and in default of payment of fine to suffer R.I. for two months. The Appellant was also convicted for commission of offence punishable U/s.13(1)(d) r/w. 13(2) of P.C. Act. He was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/-and in default of payment of fine to suffer R.I. for two months. Both the sentences were directed to run concurrently.

2. The prosecution case is that the complainant Dattu Gawali was having dispute with his brother’s family in respect of two adjoining lands in Gat No.231 belonging to himself and Gat No.230 belonging to his brother at Kolgaon, Taluka Niphad, District Nashik. On 11/05/2006, there was an incident wherein his brother’s family had manhandled, abused and beaten him. The complainant, in this case, Dattu Gawali had gone t

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