KANUBHAI TAKHUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by appellant-original accused against the judgment and order dated 28.4.2004 passed by learned Additional Sessions Judge, Fast Track Court No.1, Ahmedabad (Rural), Ahmedabad in Special ACB Case No.2 of 1997 whereby original accused - appellant herein was convicted for the offence under section 7 of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1000.00, in default, to undergo further simple imprisonment for six months and also convicted her for the offence under section 13(1) (d) (1), (2) and (3) read with section 13(2) of the said Act and sentenced him to undergo rigorous imprisonment for five years and to pay fine of Rs.2000.00, in default, to undergo simple imprisonment for one year.

(2.) Today, when the matter is called out, it is pointed out by Mr. Kapadia, learned advocate that the appellant - original accused has died during the pendency of the appeal and his heirs and legal representatives have been brought on record vide order dated 28.10.2010 passed by this Court in Criminal Misc. Application No.11796 of 2010 and hence, the present Criminal Appeal is pending for final disposal.

(3.) The short facts giving rise to the present appeal are that plot No.258/2 was running in the name of Daniben Bijalbhai who is grandmother of the complainant and she died without leaving any legal heir and therefore the complainant made the application to the Talaticum-Mantri of village Maflipur for entering the said plot in his name. It is alleged that the accused demanded Rs.1000.00 from the complainant for entering the plot in his name. It is alleged that the complainant gave Rs.300.00 to the accused in the presence of Ishwarbhai Parshottambhai Makwana and thereafter the complainant was called on 31.7.1996 in the panchayat office wherein the accused demanded Rs.700.00. As the complainant did not want to pay the said amount of illegal gratification, he filed the complainant before the ACB office on 8.1996.