(1.) CRIMINAL Appeal No. 414/2004 has been preferred by the appellant -ori. Accused no. 3 and Criminal Appeal No. 429/2004 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 27.2.2004 passed by the learned Special Judge, Court No. 2, Ahmedabad in Special Case No. 5 of 1998, whereby, the learned Judge has convicted the appellants - ori. Accused no. 1 and 3 under sec. 7 of the Prevention of Corruption Act and sentenced to undergo six months R/I and to pay a fine of Rs. 500/ -each, in default, to undergo further R/I for two months. The appellants ori. Accused no. 1 and 3 also convicted under section 12 of the Prevention of Corruption Act and sentenced to undergo R/I for two months and to pay a fine of Rs. 500/ -each, in default, to undergo further R/I for three months. The appellants -ori. Accused no. 1 and 3 further convicted under section 13(2) of the Prevention of Corruption Act and sentenced to undergo R/I for three months and to pay a fine of Rs. 1000/ - each, in default, to undergo further R/I for three 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. 1. The appellants accused pleaded not guilty and claimed to be tried.