GIRISHBHAI MUKUNDRAY GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the appeals namely, Criminal Appeal No.433 of 2009 by the appellant-original accused No.2 and Criminal Appeal No.466 of 2009 by the appellant-original accused No.1 were filed being aggrieved and dissatisfied with the judgment and order dated 17-2-2009 passed by the learned Special Judge, CBI Court No.3, at Mirzapur, Ahmedabad, in Special Case No.33 of 1995 whereby the appellants have been convicted for the offences under Secs.120-B of Indian Penal Code ("the Code" for short) and Secs.7 and 13(2) read with Sec.13(1)(d) of Prevention of Corruption Act ("the Act" for short) and sentenced them to suffer RI for three years and to pay fine of Rs.5,000/- in each offence, in default, to suffer further imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) Criminal Revision Appln. No.293 of 2009 has been initiated suo motu by the Court for enhancement of sentence vide order dated 20-3-2009 passed in Criminal Appeal No.466 of 2009 while Criminal Revision Appln. No.330 of 2009 has been initiated suo motu by the Court for enhancement of sentence vide order dated 17-3-2009 passed in Criminal Appeal No.433 of 2009.

(3.) The case of the prosecution in short is that a complaint was lodged by the complainant, Shri Harshadray Jamnadas Gadhia, who was running a travel agency at Savarkundla, before ACB Police Station, Bhavnagar, on 12-10-1994 against both the accused, who were working as Branch Manager and Field Officer respectively in the National Insurance Company at Bhavnagar, inter alia alleging that the accused demanded Rs.20,000/- from him for passing the accident claims. Hence, a raid was arranged by Police Inspector, Mr.D.L.Dodiya, ACB Police Station, Bhavnagar, by calling two panchas. As the accused were not available in their office, the said trap could not be succeeded. Thereafter, on 17-10-1994, at the instance of the complainant, again a trap was arranged by PI, Shri R.L.Gohil, by calling two panchas and both the accused were caught while demanding and accepting Rs.20,000/- as illegal gratification from the complainant. Shri Gohil then drew panchnama of scene of offence and on completion of other formalities, sent the papers to CBI for further investigation. The investigation was entrusted to Shri H.L.Wakodikar, who recorded statements of various witnesses and also collected sufficient evidence. At the end of investigation, as there appeared a prima-facie case, charge sheet was submitted in the Court against the accused before the CBI Court where the case was numbered as Special Case No.33 of 1995. The learned Special Judge framed charge against the accused at Ex.27 for the offences under Secs.120-B of the Code and Secs.7 and 13(2) read with Sec.13(1)(d) of the Act. The charge was read over and explained to the accused, who pleaded not guilty to the charge and claimed to be tried.