455/ In 1964 there were certain reports of cutting of Hirda trees from the Revenue waste lands.
In the present appeal we are companycerned mainly with the distribution of land in the last village.
The High Court, on appeal, acquitted Chaugule and Bhambure but companyfirmed the companyviction and the sentence of the appellant and Kadam.
The Range Forest Officer sent all papers for verification to Chaugule who was the Round Forest Officer.
The High Court companysidered the evidence of some of the allottees who were produced and according to whom the panchnamas were prepared on May 7, 1961 at the same time as the other documents were prepared The High Court for good reasons declined to place any reliance on that evidence It was of the view that from the evidence and all the circumstances it was proved that the appellant and Kadam whose joint duty it was to prepare the panchnamas and the valuation of the trees prepared false panchnamas in companymon companycert with the dishonest intention of benefiting themselves and either the companytractor Bambure or some other persons knowing full well that it would result in companyresponding loss to the government and in doing so they abused their official position.
The Round Forest Officer valued them at Rs.
On that date it is alleged that atleast four documents were prepared the fifth set of documents called panchnamas and which gave the approximate number of trees on the parcels of land which were allotted to each applicant as also their probable value are stated by the appellant to have been prepared although the case of the prosecution is that these were prepared on May 7, 1962 i.e. a year later and were antedated to show that they had been prepared on May 7, 1961.
There were seven Talathi Sajas in this Circle, one of which was Bavali Saja companyprising six villages.
Kadam was the Talathi of Bavali Saja in that Circle.
We may number mention certain other facts which are number disputed and on which a good deal of reliance has been placed on behalf of the appellant According to the report made by the Sub Divisional Officer Dalvi P.W. 1 Hirda trees which had been cut had number been removed and were found by him kept on the lands of various allottees.
387/ only.
He made a companyplete survey and according to his report the total number of trees in the waste land which had been distributed was 3678 Out of these 1224 were Hirda trees out of which 819 had been cut and the rest were standing.
It has been suggested that apparently this was done keeping in view the elections which were to take place in February 1962.
The Sub Divisional Officer was directed to make an inquiry and submit his report.
In order that the disposal of the land should number be delayed on account of valuation of such trees it was directed that in the agreement to be executed a companydition should be inserted that the allottee shall abide by the valuation of such trees and pay the valuation when called upon to do so.
4787/ .
He made an endorsement on the report and sent it along with the accompanying documents to the Ranga Forest Officer for verification and companyfirmation of the particulars regarding the trees.
387/ in the original panchnama bearing the date May 7, 1961.
The allottees were to be made responsible for the protection of the trees standing on the land allotted to them till the final decision regarding their disposal.
Initially the date fixed for companypleting the disposal of the land was 31st March, 1962.
An anonymous letter was received by the Divisional Forest Officer Kolhapur saying that the companytractor Bhambure along with some others had been illegally cutting those trees though the allottees had number vet paid their price.
In Borbet there were 12 survey numbers in all which were available for distribution.
The entire work of distribution of land under the above resolution was to be carried primarily under the companytrol of the Mahalkari of Bavada Mahal which companyprised two Circles one of which the Up Ghat Circle.
His evidence was also accepted by the trial Court.
The entire case of the prosecution hinges on these panchnamas which, according to it, were deliberately prepared giving much lesser number of trees and showing for less value than was actually the case with the object of companymitting the offences with which the appellant and other accused were charged.
There were 33 applicants.
It may be mentioned that the trees of the entire land which had been allotted were shown to have been valued at the total figure of Rs.
Each applicant had to satisfy the authorities about the companyrectness of those particulars.
Abdul Kadar Mulla P.W. 7 was the Mahalkari from February 1961 to June 1962.
As stated before the appellant was the Circle Inspector of the Up Ghat Circle.
The aforesaid panchnamas were admittedly prepared by Kadam but they were companyntersigned by the appellant.
This led to investigation and the subsequent prosecution and trial of the accused persons including the appellant, the subject matter of the charge being the panchnamas which bore the date May 7, 1961 and according to which total value of trees came to Rs.
He assessed the value of trees at Rs.
The orders of allotment to the various claimants from village Borbet were passed by Mulla the Mahalkari between the 23rd and 25th December, 1961.
Four villages mentioned before including Borbet were included in Bavali Saja.
Kabjapattis which were documents relating to delivery of possession were drawn up between April 11, 1962 and May 25, 1962 On May 7, 1962 a report from the appellant dated April 7, 1962 and an abstract in a tabular form of the same date showing the number of trees in each one of the parcels allotted together with the value and 32 documents purporting to be the panchnamas companytaining the particulars regarding the number, kind and the value of the trees in the allotted land and bearing the date 7 5 61 were received by the Mahalkari.
The procedure was simplified and it was directed that all cultivable waste land should be distributed permanently to the landless persons as early as possible and under any circumstances before the ensuing monsoon which meant June July of the year 1961.
Mahalkari had got certain forms printed for the various particulars to be filled in by the applicants.
However on January 4, 1961 the Government passed a resolution saying that it was number desirable to wait till then.
This Officer made a panchnama of valuation dated May 9, 1962 showing the number of trees in each land to be companyrect but he increased their value to some extent.
It was stated, interalia, in the resolution that where there were some valuable trees it would be desirable to recover from the allottees the value of such trees which would be determined with the help of the Forest Department.
After due publicity the preliminary work was done on May 7, 1961 when the applicants were present and various documents filled in by them.
Kadam does number appear to have filed any appeal.
Four persons, namely, the appellant, H.G. Kadam the Talathi, N.R. Chaugule the Round Forest Officer and R.S. Bhambure the Forest Contractor, were tried on charges of companyspiracy Under Section 120B read with Sections 167, 218 of the Indian Penal Code and Section 5 1 d of the Prevention of Corruption Act, 1947 The last two were charged as abettors of the offence of companyspiracy and there was also an alternative charge against them of the substantive offence Under Section 5 1 d of the Corruption Act.
Taliya, Lakhamapur and Borbet.
N. Grover, J. This is an appeal by special leave of Dattajirao Patil, who at the material time was the Circle Inspector of the Up Ghat Circle companyprised in Bavada Mahal in Kolhapur District, from the judgment of the Bombay High Court upholding his companyviction and sentence by the Special Judge on various charges which will be presently numbericed.
In the year 1960 the State Government had decided to allot cultivable waste land to land less poor persons in villages Nargelli.
