MANSUKHBHAI MULJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred both these appeals under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 27.1.1993 passed by the learned Special Judge, Court No. 4, Ahmedabad in Special Case No. 28/1989, whereby, the learned Special Judge has convicted the appellants under sec. 120 -B of IPC and sentenced to undergo R/I for one year and to pay a fine of Rs. 500/ -, in default, to undergo further R/I for two months. The appellants are convicted under sec. 409 of IPC and sentenced to undergo R/I for one year and to pay a fine of Rs. 500/ -, in default, to undergo further R/I for two months. The appellants are convicted under sec. 420 of IPC and sentenced to undergo R/I for one year. The appellants are convicted under sec. 467 of IPC and sentenced to undergo R/I for one year. The appellants are convicted under sec. 468 of IPC and sentenced to undergo R/I for one year. The appellants are convicted under sec. 471 of IPC and sentenced to undergo R/I for one year. The appellants are convicted under sec. 477A of IPC and sentenced to undergo R/I for one year, and the appellants are convicted under sec. 5(2) of the Prevention of corruption Act IPC and sentenced to undergo R/I for one year and to pay a fine of Rs. 1000/ -, in default, to undergo further R/I for three months, which is impugned in both these appeals.

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

(3.) THEREFORE , on the basis of the source of information, R.C. Case No. 12/1988 was registered in the office of the S.P.E., C.B.I., Ahmedabad on 21.3.1988. FIR was registered against the accused no. 1. It may be stated that during the course of investigation, the involvement of accused no. 2 was also found in the commission of the offence, the Investigating Officer sought permission from learned Chief Judicial Magistrate to investigate in the above case and same was granted by the learned Chief Judicial Magistrate and accused no. 2 is also shown as accused no. 2 in the FIR. The investigating agency recorded the statements of the witnesses. The accused came to be charge - sheeted on 30.6.89 in the Court of learned Special Judge, Court No. 4, Ahmedabad City, Ahmedabad for the alleged offence punishable under section 120 -B, 409, 420, 467, 468 read with section 471 and 477A of IPC and under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, which was numbered as Special Case No. 28/1999.