NATHUBHAI MOTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants are the original accused of Special (ACB) Case No.48 of 1988 (hereinafter referred to as 'the accused') who have been held guilty of the charge of offence punishable under Section 161 of the Indian Penal Code and also for the offence punishable under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to either as 'the Act').

(2.) THE learned Special Judge, City Civil Court, Ahmedabad, after hearing learned counsel for the parties, vide judgment and order dated 20.12.1989, convicted and sentenced both the accused and imposed identical punishment for both the offences. The appellants have been sentenced to undergo 2 years RI and to pay a fine of Rs.3,000/ - and in default to undergo RI for 9 months for the offence punishable under Section 161 of the Indian Penal Code and to undergo sentence of 2 years RI and to pay a fine of Rs.3,000/ - and in default to undergo RI for 9 months for the offence punishable under Section 5(1)(d) r/w. Sec.5(2) of the Act.

(3.) BOTH the accused have assailed the legality and validity of the judgment and order of conviction and sentence dated 20.12.1989, directing the present appeal under Section 374 r/w. Sec.386 of the Criminal Procedure Code. The judgment is assailed on various grounds mainly mentioned in para 6 of the memo of appeal and Mr.Shah has taken us through the main grounds of challenge during the course of oral submissions.