SARDARSINH LAXMANSINH BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Z. K. SAIYED, J. : - 1. Both the above Appeals arise out of the one and the same Judgment and order dated 24.5.1999 passed by the learned Special Judge, Panchmahals at Godhra, in Special Case No.3 of 1995 and, therefore, they are heard and disposed of together by this common Judgment.

(2.) The appellant original accused has preferred Criminal Appeal No. 543 of 1999, against the judgment and order of conviction and sentence dated 24.5.1999 passed by the learned Special Judge, Panchmahals at Godhra, in Special Case No. 3 of 1995, whereby, the learned Special Judge has convicted the appellant accused for the offence under Sec. 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. of 1 (one) year and to pay a fine of Rs. 1000/, in default, to undergo further R.I. for three months on first count and also sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/, in default, further RI for 3 months on the second count. The learned Judge has ordered that substantive sentences to run concurrently.

(3.) Criminal Appeal No. 699 of 1999 has been filed by the State of Gujarat, under Section 377 of the Code of Criminal Procedure, for enhancement sentence awarded to the respondent original accused by the learned Special Judge, Panchmahals at Godhra in Special Case No. 3 of 1995, by Judgment and order dated 24.5.1998.