JUDGMENT :

Feeling aggrieved by the impugned Judgment and order of conviction passed in Special Case No. 127 of 2006 by the Special Judge, Dhule, original accused Nos. 1 and 2 have preferred their respective appeals by taking aid of Section 374 of Cr. P.C.

2. The facts giving rise to these two appeals in brief are as under :

2(a) Appellant, Sanjay Ishwarlal Varude (original accused No.1) was serving as a Police Constable and attached to Dondaicha Police Station at the relevant point of time, and assigned duty in the traffic branch. Appellant, Iswar Bhimrao Bhamare (original accused No.2) was a Manager with the Yogesh Travels at Dhondaicha. PW-1 Narendra was plying mini door rickshaw owned by Mr. Ravidra Fakira Patil on Shindkheda - Dondaicha road. PW-1 Narendra could not ply the rickshaw for two months because of financial problem of his owner. After financial crises was over, PW-1 started plying mini door rickshaw. Accused No.1 – Sanjay demanded Rs.300/- towards Hapta / bribe of previous two months. On 14.11.2005, PW-1 Narendra met with accused No.1 Sanjay and shown his inability to pay Hapta and requested to allow him to ply the rickshaw, and he would arrange the money after some ti