JASHWANTSINH I VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant-orig. accused (hereinafter referred to as 'the appellant') under Section 374 read with Section 386 of the Code of Criminal Procedure, 1973, challenging the legality and validity of the judgment and order of conviction and sentence dated 30th December 1991, passed by the learned Special Judge, Ahmedabad City, in Special (ACB) Case No. 25 of 1989, whereby at the end of trial, the appellant came to be convicted for the offence punishable under Sections 7 and 13(1)(d)(i), (ii) and (iii) read with Section 13(2) of the Prevention of Corruption Act, 1947 and was asked to undergo sentence of simple imprisonment for two years for each offence proved and also to pay a fine of Rs. 1000/- for each offence; and in default to make payment of fine, he is directed to undergo simple imprisonment for three months. Of course, the learned trial Judge has held that the substantive sentence shall run concurrently.

(2.) Heard Shri K.J.Shethna, learned Counsel for the appellant and Ms.D.S.Pandit, learned Additional Public Prosecutor, appearing on behalf of the respondent-State. Shri K.J.Shethna, learned Counsel for the appellant and Ms.D.S.Pandit, learned Additional Public Prosecutor for the respondent-State, both have taken me through the oral as well as documentary evidence led during the course of trial and have made detailed submissions. To appreciate the rival contentions, firstly it would be proper to state the brief facts of the case placed by the prosecution before the trial Court

(3.) The brief facts leading to filing of the present appeal in nutshell are as under: