BANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORIGINALLY, this appeal is filed by appellant Satishbhai Nagindas Gandhi, but during the pendency of the appeal, he has expired on 4.9.2007 and therefore, by an order dated 29.4.2008, his son named as Bantibhai Satishbhai Gandhi is joined as party - appellant.

(2.) THE original appellant - deceased has filed this Appeal challenging the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Valsad, in Special Corruption Case No.9 of 2002 (Old Special Case No.1 of 1993) dated 7.2.2003, by which the appellant ? accused convicted and sentenced for the offences punishable under Sections 7 and 13(1)(Gh) read with Section 13(2) of the Prevention of Corruption Act. THE learned Sessions Judge was pleased to convict the appellant - accused for the offence punishable under Section 7 of the Prevention of Corruption Act and awarded sentence to the appellant to suffer simple imprisonment for 2 years and to pay a fine of Rs.500/-, i/d, to further undergo simple imprisonment for 15 days. THE appellant was also ordered to suffer simple imprisonment for two and half years and to pay a fine of Rs.500/-, i/d, to suffer simple imprisonment for 15 days for the offence punishable under Section 13(1)(Gh) and 13(2) of the Prevention of Corruption Act. THE learned Special Judge has ordered that all the sentences shall run concurrently.

(3.) THE trial Court, on appreciation of the evidence, came to the conclusion that the prosecution has been able to prove its case beyond all reasonable doubts. While doing so, the trial Court has also considered the defence version and rejected the same. Accordingly the appellant was convicted and sentenced as stated above by the trial court