STATE OF GUJARAT Vs. PRAJAJAN BHUPATBHAI GORDHANBHAI

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal in Special (ACB) Case No.18 of 1997 passed by the learned 2nd Additional Sessions Judge, Bhavnagar on 28/11/2006 (herein after referred to as 'the learned Trial Court') whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Ss. 7, 10, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (herein after referred to as 'the P.C.Act'). The respondents are hereinafter referred to as 'the accused' as they stood in the original case, for the sake of convenience, clarity and brevity.

(2.) That the respondent No.3 herein - original accused No.3 has expired on 26/9/2009 and thereafter, the respondent No.2 herein - original accused No.2 has expired on 26/5/2013 and copies of death certificates have been produced on record and hence, the present appeal qua the respondent Nos. 2 and 3 stand abated and the present appeal survives qua the respondent Nos.1 and 4 to 6 herein - original accused Nos.1 and 4 to 6.

(3.) The brief facts that emerge from the record of the case are as under: