- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Bombay High Court, Nagpur Bench. By the impugned judgment the High Court while setting aside the conviction of the appellant for offences punishable under Sections 468, 477-A of the Indian Penal Code, 1860 (in short the 'IPC') and Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (in short the 'PC Act') maintained the conviction for offence punishable under Section 409 IPC. The trial court had convicted the appellant for offences punishable under Sections 409, 468, 477-A IPC, Section 5(1)(d) read with Section 5(2) of the PC Act. Different custodial sentences were imposed along with fine.
(3.) Background facts in a nutshell are as follows: The appellant was working as Junior Engineer and was in-charge of execution of construction of tanks at Kudwa, Dhakni and Mundipar in Gondia Sub Division. This work was to be executed under the Employment Guarantee Scheme. The appellant was assisted by four muster clerks to keep a track of persons employed for the work of construction of these tanks. Between 7.1.1976 and l1.3.1976, same set of 21 labourers were shown to have been engaged at one and the same time for construction of the irrigation tanks at Kudwa, Dhakni and Mundipar. Payments were shown to have been made by the appellant, but in reality no such payments were made. Bogus names were shown. The investigation revealed that in all a sum of Rs.6, 764.10 was misappropriated by the appellant abusing his position as supervisor. Accused No.2 was a labourer engaged and he was made to put his thumb marks on the muster rolls to show receipt of monies by fictitious persons, who were shown to have been engaged for the works. After the report, F.I.R. was registered and on completion of investigation, charge sheet was sent up and trial was held in the Court of Special Judge at Gondia.;