BHAGVANBHAI MULJIBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of an order dated 30th June 1997 rendered by learned Additional Sessions Judge, Nadiad, while disposing of Special Case No.2 of 1993.

(2.) Appellant herein was the original complainant, who had initiated proceedings against two accused persons, namely, Piyushbhai Hasmukhbhai Patel and Mukundbhai Shantilal Thoria, discharging duties as Talati-cum-mantri and Deputy Mamlatdar respectively under the provisions of the Prevention of Corruption Act, 1988. While original accused no.2, Mukund Shantilal Thoria died during the pendency of the trial, the case proceeded against accused no.1, Piyush Hasmukhbhai Patel. For want of sufficient evidence, he was acquitted by learned Additional Sessions Judge by his judgment dated 16th June 1997. Learned Judge, however, felt that the present appellant-original complainant as well as one Shri Ashok Parmar, who was a prosecution witness, had given false evidence during the course of trial. Learned Judge, therefore, after issuing a notice calling upon the present appellant as well as said Shri Ashok Parmar why action under Section 344 of the Criminal Procedure Code not be initiated against them, and after considering the replies thereto, passed the impugned order. Learned Judge held that the appellant had given false evidence during the trial. He was, therefore, sentenced to suffer simple imprisonment for a term of three months and was also directed to pay fine of Rs.500/-.

(3.) It may be noted that Shri Ashok Parmar was also similarly sentenced. Therefore, he filed Appeal before this Court being Criminal Appeal No.656 of 1997, which came to be decided in his favour by judgment dated 4-8-1997.