KALUBHAI DANABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 33/1994 is preferred by the appellant-accused under Section 374(2) of the Criminal Procedure Code, 1973 and is directed against the judgment and order dated 22.04.1993 delivered by the Special Judge, Panchmahal at Godhra in Special (Corruption) Case No. 10/1989 whereby the appellant of Criminal Appeal No. 33/1994 came to be convicted for the offences punishable under Section 161 of the Indian Penal Code as well as under Section 5(1)(d) to r/w. Section 5(2) of the Prevention of Corruption Act, 1947 and he was sentenced to undergo rigorous imprisonment of one year for each of the above two offences and to pay fine of Rs. 200/- for each of the two offences, in default to undergo rigorous imprisonment of one month. Vide impugned judgment and order, it is directed that both the sentences to run concurrently.

(2.) While Criminal Appeal No. 491/1994 is preferred by the State of Gujarat under Section 376 of the Criminal Procedure Code, 1973 for enhancement of the sentences awarded to the accused in Special (Corruption) Case No. 10/1989 and the appellant of Criminal Appeal No. 33/1994.

(3.) The facts leading to the prosecution against the appellant of Criminal Appeal No. 33/1994 can shortly be depicted as under: