RAMESH ASHARAM PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 645/2000 has been preferred by the appellant -ori. Accused no. 1, Criminal Appeal No. 651/2000 has been preferred by the appellant -ori. Accused no. 2 and Criminal Appeal No. 6684/2000 has been preferred by the appellant -ori. Accused no. 4, under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.6.2000 passed by the learned Addl. Sessions Judge, Vadodara in Special Case No. 14 of 1993, whereby, the learned Judge has convicted the appellant - ori. Accused no. 1 under sec. 7 of the Prevention of Corruption Act and sentenced to undergo two years R/I and to pay a fine of Rs. 2500/ -, in default, to undergo further S/I for three months. The appellant ori. Accused no. 1 also convicted under section 13(1)(d) of the Prevention of Corruption Act and sentenced to undergo R/I for two years and to pay a fine of Rs. 2500/ -, in default, to undergo further S/I for three months. The appellants -ori. Accused no. 2 has been convicted under section 12 of the Prevention of Corruption Act and sentenced to undergo R/I for one year and to pay a fine of Rs. 1000/ -, in default, to undergo further S/I for one month. The appellants -ori. Accused no. 4 has been convicted under section 12 of the Prevention of Corruption Act and sentenced to undergo S/I for one year and to pay a fine of Rs. 1000/ -, in default, to undergo further S/I for one month, 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. 4. 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: