DADMOHMED AMAD SUMRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the present appeals are arising out of the common judgment and order dated 31st July, 1996 passed by the learned Special Judge, Junagadh, in Special Case No.05 of 1989, the appeals are decided by this common judgment.

(2.) So far as Criminal Appeal No.750 of 1996 is concerned, the same is filed by the original accused against the judgment and order of conviction; so far as Criminal Appeal No.910 of 1996 is concerned, the same is filed by the State of Gujarat for enhancement of sentence and so far as Criminal Appeal No.911 of 1996 is concerned, the same is filed by the State of Gujarat against the order of acquittal.

(3.) Appellant of Criminal Appeal No.750 of 1996 has preferred the appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 31st July, 1996 passed by the learned Special Judge, Junagadh, in Special Case No.05 of 1989, whereby the learned Special Judge has convicted the appellant for the offence punishable under Section 161 of the Indian Penal Code and awarded fine of Rs.500/- and in default of payment of fine, sentenced him to undergo simple imprisonment for a period of 15 days whereas the learned Special Judge has acquitted the appellant from the offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 by giving benefit of doubt.