SABBIRALI KASAMALI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 864/1998 has been preferred by the appellant -ori. Accused no. 2 and Criminal Appeal No. 994/1998 has been preferred by the appellant -ori. Accused no. 1 under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 9.9.1998 passed by the learned Special Judge, Nadiad in Special Case No. 5 of 1994, whereby, the learned Judge has convicted the appellants - ori. Accused no. 1 and 2 under sec. 7 of the Prevention of Corruption Act and sentenced to undergo six months R/I and to pay a fine of Rs. 1000/ -each, in default, to undergo further S/I for one month. The appellants ori. Accused no. 1 and 2 also convicted under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and sentenced to undergo R/I for one year and to pay a fine of Rs. 2000/ -each, in default, to undergo further S/I for two months. The appellants -ori. Accused no. 1 and 2 further convicted under section 161) of IPC and sentenced to undergo R/I for one year and to pay a fine of Rs. 2000/ - each, in default, to undergo further S/I for two months, which is impugned in these appeals.

(2.) THE brief facts of the prosecution case is as under:

(3.) THE accused were charged vide at Ex. 10. The appellants accused pleaded not guilty and claimed to be tried. In order to bring home the charge levelled against the appellants - accused, the prosecution has examined the following witnesses: