SUKHRAM S.PAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal was originally preferred under Sec. 374 of the Code of Criminal Procedure, 1973, by the appellantconvict (i.e. the original accused, who has expired on 3/6/2009), challenging the judgment and order of conviction and sentence dtd. 9/7/2003 passed by the Special Judge, Ahmedabad, in Special Case No.14 of 1996, whereby the learned Special Judge convicted the original accused of the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'P.C. Act'), and consequently, sentenced him to undergo rigorous imprisonment for a term of two years along with a fine of Rs.500.00=00 for the offence punishable under Sec. 7 of the P.C. Act and also sentenced him to undergo rigorous imprisonment for a term of two years along with a fine of Rs.500.00=00 for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the P.C. Act.

(2.) Subsequently, the heirs and legal representatives of the original accused (i.e. the present appellants) had preferred Criminal Misc. Application No.9078 of 2009 in Criminal Appeal No.953 of 2003 for bringing the heirs and legal representatives of the original accused on record and also seeking permission for leave to continue the appeal, as the original accused had expired on 3/6/2009. A Coordinate Bench of this Court (Coram : Hon'ble Mr.Justice M.D.Shah, as His Lordship then was) had allowed the Criminal Misc. Application No.9078 of 2009 vide order dtd. 13/8/2009 and the legal heirs of the original accused were permitted to continue with the appeal.

(3.) As per the case of the prosecution, at the relevant point of time in the year 1996, the original accused was serving as a Jamadar in Gang No.IV Kanij Railway Station, Ahmedabad, and the complainant was serving as a Watchman. It is the case of the prosecution that the accused used to demand Rs.300.00=00 every month from the complainant for the purpose of continuing his service as a Watchman at the same station, i.e. Kanij Railway Station. According to the case of the prosecution, the accused used to threaten the complainant that if he would not pay Rs.300.00=00 to him, then he would be transferred to some other station.