MOHANBHAI TRIKAMBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mohanbhai Trikambhai Parmar, the appellant original accused of Criminal Appeal No.249 of 1999 and Knaiyalal Bhagwandas Tekwani, 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 18.02.1999 passed by the learned Special Judge, Court No.2, City Sessions Court, Ahmedabad, in Special (ACB) Case No.17 of 1994, whereby, the learned Special Judge has convicted the accused No.1 for the offence punishable under Sections 7 read with Section 12 of the Prevention of Corruption Act and sentenced him to undergo S.I. for 6 (six) months and to pay a fine of Rs.500/, in default, to undergo further S.I. for 02 (two) months. He is also convicted for the offence punishable under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo S.I. for 01 (one) year and to pay a fine of Rs.500/, in default, to undergo further S.I. for 02 (two) months. The accused No.2 is convicted for the offence punishable under Sections 7 read with Section 12 of the Prevention of Corruption Act and sentenced him to undergo S.I. for 6 (six) months and to pay a fine of Rs.500/, in default, to undergo further S.I. for 02 (two) months. He is also convicted for the offence punishable under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo S.I. for 01 (one) year and to pay a fine of Rs.500/, in default, to undergo further S.I. for 02 (two) months. The learned Judge has ordered the substantive sentences 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: