HARILAL NANALAL UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused has preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 15.04.1997 passed by the learned Special Judge & Addl. Sessions Judge, Jamnagar, in Special Case No. 02 of 1994, whereby, the learned Special Judge has convicted the appellant - accused for the offence under Sec. 7 of the Prevention of Corruption Act and sentenced him to undergo simple imprisonment of 1 (one) year and to pay a fine of Rs. 2,000/ -, in default, to undergo further S.I. for one month. The appellant is also convicted for the offence under Section 13(2) r/w Section 13(1)(d) of the P.C. Act and sentenced him to undergo S.I. for a period of one year and to pay a fine of Rs. 5,000/ -, in default, to undergo further SI for one month, which is impugned in this appeal. The learned Judge has ordered that substantive sentences are to run concurrently.

(2.) The brief facts of the prosecution case is as under : -

(3.) Thereafter, the charge was framed against the appellant. The appellant - accused has pleaded not guilty and claimed to be tried.