Case Note & Summary
These appeals arose from a judgment dated 11-12-1991 by the Special Judge, Solapur in Special Case No.4 of 1987. The case involved allegations of misappropriation and forgery related to road repair works in Solapur district. In 1981, the State Government allotted a grant of Rs.26,50,000 to Zilla Parishad, Solapur for repairs and maintenance of village roads. The Works Committee authorized the Deputy Engineer to allot works up to Rs.3000 each with approval of the Executive Engineer. Accused No.1, a Deputy Engineer, along with Junior Engineers (accused Nos.2 and 3) prepared estimates and allotted works to various Labour Co-operative Societies in March 1982. The Anti-Corruption Bureau received information that works were not carried out though amounts were disbursed, leading to a complaint on 28-4-1982. After investigation, sanction was obtained and a charge sheet was filed. The accused were charged under Sections 120B, 409, 467, 468, 471, 477-A read with Section 34 IPC, and accused Nos.1-3 additionally under Sections 5(1)(c) read with 5(2) and Section 7 of the Prevention of Corruption Act, 1988. The trial court convicted accused No.1 under Section 5(1)(d) read with 5(2) of the PC Act and Sections 420 and 477-A read with 34 IPC; accused Nos.2 and 3 under Sections 420 and 477-A read with 34 IPC; and accused Nos.4,5,6,10,14,23,24 under Section 420 read with 34 IPC. They were acquitted of other charges. The trial court held that criminal breach of trust was not proved due to lack of entrustment, but that false entries in measurement books and cheating through false claims were established. The convicts appealed challenging their convictions, and the State appealed against the acquittals for some offences. During pendency, some appellants died. Before the High Court, the appellants argued that works were actually executed, accounts were audited, and there was no evidence of non-execution or nexus between engineers and chairmen. The State maintained that there was sufficient evidence of false documents and misappropriation. The primary issue framed by the court was whether the prosecution proved that works were not executed while payments were made. The judgment contains no final determination on this issue in the available portion.
Headnote
A) Criminal Appeal - Cheating and Falsification of Accounts - Whether works were not executed - IPC Sections 420, 477-A; PC Act Section 5(1)(d) - The appellate court was called upon to determine as the first and foremost question whether the prosecution had sufficiently proved that the road repair works were not executed while payments were made, which formed the basis for the convictions; arguments were heard from both sides but final decision was not yet rendered in the available text. (Paras 12)
Issue of Consideration
whether the prosecution proved that works were not executed while payment for the same was made
Law Points
- criminal breach of trust requires proof of entrustment
- sanction for prosecution under Prevention of Corruption Act
- cheating under Section 420 IPC
- falsification of accounts under Section 477-A IPC
- Section 5(1)(d) PC Act obtaining money by cheating
Case Details
2011 LawText (BOM) (04) 67
Criminal Appeal No.683 of 1991 (along with 684/1991, 695/1991, 70/1992, 229/1992)
Shri V.N. Shingnapurkar, Shri V.T. Tulpule, Shri V.V. Purwant, Shri R.U. Vasekar, Shri S.P. Kadam, Shri S.C. Hali, Ms P.P. Shinde
Jayant Purushottam Dhaigude & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeals against conviction and sentence for offences of cheating and falsification of accounts under IPC and PC Act, and State appeal against acquittal for some offences.
Remedy Sought
Appellants (convicts) sought quashing of convictions and sentences; State sought conviction for acquitted offences.
Filing Reason
Accused were convicted by trial court for cheating and falsification of accounts under IPC and PC Act; they appealed challenging the findings.
Previous Decisions
Trial court (Special Judge, Solapur) by judgment dated 11-12-1991 in Special Case No.4/1987 convicted some accused and acquitted others.
Issues
whether the prosecution proved that works were not executed while payment for the same was made
authority of Government to sanction prosecution of employees of Zilla Parishad
Submissions/Arguments
Works for which payments were made were in fact executed; no evidence to show works were not executed.
Accused No.1 was supposed to check only 10% of works, which he did, and minor works have limited life; soil spread could wash off before inspection.
Chairmen of Societies accounted for amounts received in audited books of accounts; no kickbacks or personal misappropriation shown.
No evidence of nexus between Engineers and Chairmen of Societies; selective conviction when others similarly situated were acquitted.
Government was not superior authority for Zilla Parishad, hence sanction to prosecute was without authority.
State argued sufficient evidence existed that payment was made for work not done and false documents were prepared.
Judgment Excerpts
the learned Judge held that offence of Criminal breach of trust by misappropriation of Government money was not proved as there was no evidence of entrustment of moneys to accused Nos.1 to 3
The first and foremost question that therefore arises for determination is whether the prosecution proved that works were not executed while payment for the same was made.
Procedural History
In September 1981, State Government allotted grant of Rs.26,50,000 to Zilla Parishad, Solapur for road repairs. Works Committee authorized Deputy Engineer to allot works up to Rs.3000 each with Executive Engineer's approval. Accused No.1 (Deputy Engineer) and accused Nos.2-3 (Junior Engineers) prepared estimates and allotted works to Labour Co-operative Societies in March 1982. Information was received that works were not carried out, leading to complaint by Police Inspector Jadhav on 28-4-1982. Investigation revealed fabrication of records. Sanction for prosecution obtained. Charge sheet filed; charges framed on 6-3-1991 under IPC and PC Act sections. Trial held with 92 prosecution witnesses. Special Judge, Solapur delivered judgment on 11-12-1991, convicting some accused and acquitting others. Convicts filed appeals (Criminal Appeal Nos. 683/1991, 684/1991, 695/1991, 70/1992) and State filed appeal (Criminal Appeal No.229/1992) against acquittals. During pendency, appeals of accused Nos.4 and 6 abated due to death. High Court heard appeals and delivered oral judgment on 26-4-2011, which remains incomplete in the available text.
Acts & Sections
- Indian Penal Code, 1860: 120B, 409, 467, 468, 471, 477-A, 34, 420
- Prevention of Corruption Act, 1988: 5(1)(c), 5(1)(d), 5(2), 7
