NATWARLAL MOHANLAL ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant-accused under Section 374 R/w Section 386 of the CrPC challenging the legality and validity of the judgment and order of conviction and sentence passed by the ld. Special Judge, Ahmedabad (Rural) in Special Case No. 5/1987 dated 01.09.1992. The ld. Special Judge convicted the appellant (hereinafter referred to as the accused) for the offences punishable under Section 5(i)(d) R/w Section 5(2) of the PREVENTION OF CORPORATION ACT, 1988 (hereinafter referred to as the Old Act) and sentenced him to undergo R/I for 6 months and to pay a fine of Rs. 700/- I/d to undergo S/I for 3 months. The accused has been held guilty of the charge of the offence punishable under Section 151 of Indian Penal Code. However, no separate sentence has been awarded.

(2.) The charge has been framed against the accused vide exh.24. Prior to framing of the charge, original accused No. 2 submitted one application before the trial court praying discharge from the charges leveled against him stating that he was a Police Patel popularly known as 'Mukhi' of village Magodi of Taluka Gandhinagar. There is no role attributed to him on the day of acceptance of the amount and he has been wrongly chargesheeted merely on suspicion and there is no prima facie case against him of his involvement in the so-called agreement for acceptance of the bribe amount or actual acceptance thereof. His application was decided by the ld. Special Judge by speaking order on 05.01,1988 and accused No. 2 was asked to face trial and after appreciating the oral as well as documentary evidence led during the course of the trial, the ld. Special Judge, vide impugned judgment, decided to acquit the accused No. 1 and held appellant accused No. 1 guilty and convicted and sentenced him as aforesaid vide impugned judgment.

(3.) Mr. Anandjiwala, ld. Counsel appearing for the accused has taken me through the impugned judgment and so also through various grounds of challenge mentioned in the memo of the appeal.