OZA BHISHMAKUMAR MAYARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 6.11.2003 rendered by the learned Special Judge (ACB) Mehsana, in Special (ACB) Case No.1 of 1996, whereby the learned Judge has convicted the appellantaccused for the offences punishable under Section 13(1)(d)(i)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/ and in default to undergo simple imprisonment for one month more.

(2.) The Short Facts Giving Rise To The Present Appeal Are that complainant Ahemadhusen Dosabhai is having ancestral agricultural land baring Survey No.423/5, 140, 141 in the sim of village Kanodar. One day, he was removing dried mangoes' trees which situated in his field at that time, Maheboobali Gulamali obstructed him to remove dried mangoes' trees.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the appellant accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried. In order to bring home the guilt, the prosecution has examined several witnesses and also produced documentary evidences. At the end of the trial, after recording the statement of the accused under section 313 of the CrPC and hearing the arguments on behalf of the prosecution and the defence, learned trial Court delivered the judgment and order, as stated above. Being aggrieved by the same, the appellant has preferred the aforesaid Criminal Appeal before this Court.