DEVENDRA MAVJIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) DEVENDRA Mavjibhai Makwana, the appellant original accused of Criminal Appeal No.1280 of 2003 and Nazir Ahmed Gulam Mustafa Shaikh, the appellant original accused have preferred these appeals under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 22.10.2003 passed by the learned Additional Sessions Judge, Second Fast Track Court, Mehsana, in Special (ACB) Case No.19 of 1999, whereby, the learned Special Judge has convicted the accused No.1 for the offence punishable under Sections 7 of the Prevention of Corruption Act and sentenced him to undergo R.I. for 4 (four) years and to pay a fine of Rs.2,000/, in default, to undergo further R.I. for 06 (six) months. He is also convicted for the offence punishable under Sections 13(1)(d), (1)(2)(3) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for 4 (four) years and to pay a fine of Rs.2,000/, in default, to undergo further R.I. for 06 (six) months. The accused No.2 is convicted for the offence punishable under Sections 7 of the Prevention of Corruption Act and sentenced to undergo R.I. for 4 (four) years and to pay a fine of Rs.2,000/, in default, to undergo further R.I. for 06 (six) months. He is also convicted for the offence punishable under Sections 13(1)(d), (1)(2)(3) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for 4 (four) years and to pay a fine of Rs.2,000/, in default, to undergo further R.I. for 06 (six) months. The learned Judge has ordered that substantive sentences are to run concurrently.

(2.) AS both the appeals arise out of the same Special Case, the same are heard together and disposed of by this common judgment.

(3.) THE brief facts of the prosecution case are as under: