SURESHKUMAR LABSHANKAR JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this appeal under section 394(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.12.2004, passed by the learned Special Judge & Addl. Sessions Judge, Fast Track Court No.2, Bhavnagar, in Special (ACB) Case No. 02 of 2000, whereby, the learned Special Judge has convicted the accused for the offences under sections 7, 13(1)(g) and 13(2) of Prevention of Corruption Act (for short P.C. Act) and sentenced him to undergo simple imprisonment of 3 (three) years and to pay a fine of Rs. 10,000/-, in default, to undergo further S.I. for one year.

(2.) It appears from the record that during the pendency of this Appeal, the original appellant accused had expired and, therefore, the heirs and legal representatives of deceased Appellant have filed Criminal Miscellaneous Application No. 16996 of 2008 for joining them as party in the proceeding and this Court, vide order dated 3.9.2009, allowed the said application and permitted the heirs and legal representatives of the deceased appellant to be joined as party in the Appeal.

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