BABULAL HIRALAL UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant original accused against the judgment and order dated 21.6.2004 passed by learned Special Judge and Additional Sessions Judge, 6th Fast Track Court, Veraval in Special Case No.25 of 1999 (05/99).

(2.) The short facts giving rise to the present case are that the appellant accused was serving as Talati-cum-Mantri in Dandi Gram Panchayat. The complainant approached the appellant accused for making succession entry for which the Mamlatdar has passed the order for making succession entry. It is alleged that therefore the appellant accused demanded Rs.2000/- from the complainant. It is alleged that in pursuance of the said demand, the complainant gave the said amount towards illegal gratification and, therefore, the complainant lodged the complaint against the appellant accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused persons. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.