STATE OF GUJARAT Vs. RAKESH RAMACHANDRA NAGAR

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 3.4.1999 rendered by the learned Special Judge, Panchmahal at Godhra, in Special Case No.4 of 1995. The said case was registered against the present respondent original accused for the offence under Sections 7, 13(1)(3) and 13(2) of the Prevention of Corruption Act.

(2.) ACCORDING to the prosecution case, the complainant Arjunsinh Natversinh Virpara is doing agricultural work and one Ramanbhai Gobarbhai Nayak is engaged by him for agricultural work. Prior to complaint about one and half month ago Ramanbhai Gobarbhai Nayak went to village Bediya for his work. While returning home he boarded a tempo and the tempo turned turtle, as a result Raman and other persons sustained injuries and three persons died. All the injured were hospitalized in Kalol Government Hospital. Raman was discharged from the hospital after ten to twelve days, but due to pain in his shoulder he was taken to Kalol hospital. Dr.Nagar filled in the hospital refer form for admission to Vadodara hospital. In Vadodara hospital, xray was taken and decision of performing operation was taken, wherein he came to know that while filling in the form for transfer no notes of accident were made. Therefore, on the day of complaint he tried to contact doctor for making change in the refer form. The doctor told him that for accident insurance when he is taking huge amount of insurance then he has to take care of him also. The doctor told him to get insurance amount on his opinion. At that time, the complainant told the doctor that he did not have any money and that on the next day he has to admit Raman in hospital. The complainant told the doctor that if he writes about accident in the refer form, he will make him happy. Therefore doctor told him to come tomorrow. According to his presumption, for such work doctor is demanding illegal gratification of Rs.100 to Rs.200. After completing necessary formalities, the raid was carried out, statement of the witnesses were recorded by the trapping officer and then before the learned Special Judge chargesheet was filed.

(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Sections 7, 13(1)(3) and 13(2) of the Prevention of Corruption Act. The accused pleaded not guilty to the charge and claimed to be tried.