BHIKHABHAI MORABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 30th April, 1997 passed by the learned Additional Sessions Judge, Surat, in Special Case No.08 of 1992, whereby the learned Additional Sessions Judge was pleased to convict the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo simple imprisonment for a period of six months, and also imposed fine of Rs.500/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of one month. THE appellant was also convicted for the offence punishable under Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 and was sentenced to undergo simple imprisonment for a period of one year, and also imposed fine of Rs.500/-, and in default of payment of fine; sentenced to undergo simple imprisonment for a further period of one month. However, both the sentences were ordered to run concurrently.

(2.) AS per the case of the prosecution, the complainant was residing with his family comprising of three brothers and father at village ? Kathor, Taluka ? Kamrej. The elder brother of the complainant-Prakashbhai, had purchased plot No.1 situated in Shivam Park Society, which is owned by Mukundbhai Vakil of village Kathor. AS the said plot was to be transferred in the name of Bhabhi of the complainant, prior to three months of 14th August, 1991, the complainant met Shri Bhikhubhai Morarbhai Parmar, Talati of Nagar Panchayat, village Kathor and told him to transfer the said plot in the name of his Bhabhi in Panchayat record. Therefore, the present appellant-Talati of Nagar Panchayat, village Kathor, told the complainant that he has to understand something to show the name of his Bhabhi in the record of Panchayat. It is the case of the prosecution that thereafter the complainant talked with the appellant and it was agreed by the appellant that if the complainant would pay Rs.300/-, then name would be transferred in the record of panchayat. Therefore, the appellant told the complainant to arrange for the amount and also told that he would inform the complainant when he has to come to pay amount. Thereafter, as nothing was heard from the appellant, on 12th August, 1991 at about 16.00 hours the complainant went to meet the appellant at his office and asked him regarding transfer of name, to which the appellant replied that first he should bring Rs.300/- and thereafter only the plot would be transferred as per the documents. Therefore, the complainant told that he is ready to pay the amount as demanded, but presently he has no money. The appellant therefore told the complainant to come after two days after 16.00 hours to his office with the amount.

(3.) THEREAFTER, the Investigating Officer lodged the FIR and registered the offence. The Investigating Officer carried out investigation and recorded statements of witnesses and after obtaining sanction, charge-sheet came to be filed against the appellant-accused.