STATE OF GUJARAT Vs. NATHABHAI LEMBABHAI

JUDGEMENT

(1.) This suo motu Criminal Misc. Application was initiated by this Court on 5.7.1996 while allowing the State appeal (Criminal Appeal No. 803 of 1995) against the order of acquittal passed by the learned Special Judge, Panchmahals at Godhra. While allowing the said appeal, we were prima facie of the view that the Complainant Nathabhai Lambabhai and Panch Kamlesh Mohanlal Shah, who did not support the prosecution, were guilty of deliberately giving false evidence before the Court which accordingly constrained us to issue notice to them for the alleged offences punishable under Secs. 193 and 194 of the Indian Penal Code, calling upon them to show cause as to why they should not be prosecuted for the alleged offences.

(2.) To briefly refresh the background of the case, Mansurbhai M. Damor, Head Constable, Ranakpur, for demanding bribe of Rs. 1000/- and ultimately accepting Rs. 800/- on 18.9.90 from Nathalal Lambabhai, on being charge-sheeted was tried for the alleged offences punishable under Sees. 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, by the learned Special Judge, Panchmahals at Godhra wherein on the complainant and Panch witnesses turning hostile, was acquitted. The State challenged the acquittal order by filing Criminal Appeal No. 803/95 which came to be allowed by this Court (Coram: K.J. Vaidya and D.G. Karia, JJ.) on 29.6.1995. While allowing the appeal, we had directed the office to issue notice to the complainant, and Panch as stated above in para 1 of this judgment, giving rise to the present proceedings.

(3.) Heard Mr. N.R. Shukla, Ld. APP for the State and Mr. Jamshed Pardiwala and Mr. J.C Sheth, Ld. Advocates appearing for the complainant and panch witnesses respectively. Both the Ld. Advocates have tendered affidavits-in-reply of their clients, which are directed to be taken on record.