MAFAJI A SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filled by the appellant-convict accused under Section 374 of the Cr. P. C., 1973 challenging the judgment and order of conviction and sentence dated 22-11-1991 passed by the ld. Special Judge, Mehsana in Special (ACB) Case No. 3/1986. The ld. Trial Judge, at the conclusion of the trial, vide the judgment under challenge, convicted the appellant (hereinafter referred to as the accused or appellant accused) for the offence punishable under Section 161 of Indian Penal Code and sentenced him to undergo R. I. for 1 year and a fine of Rs. 500/-, I/d to. undergo R. I. for 6 months. The ld. Trial Judge also convicted the appellant accused for the offence punishable under Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the PC Act) and sentenced him to undergo R. I. for 3 years and to pay a fine of Rs. 1000/-, I/d to further undergo R. I. for 1 year. The appellant accused was also charged with the offence punishable under Section 218 of I. P. C., but the ld. Judge, vide impugned judgment, acquitted the appellant accused from the said charge. No appeal against the order of acquittal of the appellant accused for the offence punishable under Section 218 of I. P. C. is filed by the State.

(2.) It is relevant to note at this stage that the appellant accused has expired pending the hearing and final disposal of this appeal, but vide order passed by this Court on 6-2-2007, widow of the deceased namely Shobhanaben Mafaji Solanki has been permitted to continue the litigation.

(3.) The appellant accused at the relevant point of time, was serving as Police Head Constable and was entrusted the work of investigation by the Police Station Officer and, therefore, the appellant accused is addressed as Jamadar (Investigation) of Kadi Police Station.