LALJIBHAI RATNAJI ASSAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by appellant original accused against the judgment and order dated 17.4.2001 passed by learned Special Judge, Sabarkantha at Himatnagar in Special Case No.6 of 1990 whereby original accused appellant herein was convicted for the offence under section 7 of the Prevention of Corruption Act and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs. 500/-, in default, to undergo simple imprisonment for two months and also convicted her for the offence under section 13(1)(d) read with section 13(2) of the said Act and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.500/-, in default, to undergo simple imprisonment for two months.

(2.) Today, when the matter is called out, it is pointed out by Mr.Anandjiwala, learned senior advocate that the appellant original accused has died on 30.7.2016 and his heirs and legal representatives have been brought on record vide order dated 5.10.2016 passed by this Court in Criminal Misc. Application No.22513 of 2016 and hence, the present Criminal Appeal is pending for final disposal.

(3.) The short facts giving rise to the present appeal are that on 8.2.1985, the complainant purchased the piece of land and therefore, he wanted to get the mutation entry done in Village Form No.6 and for that purpose, he approached the accused. It is alleged that the accused demanded Rs.1000/- for making necessary mutation entry in the land records. It is alleged that after about 20 days therefrom, the complainant along with others approached the accused, at that time, the father of the complainant gave Rs.700/- as a part payment to the accused. It is alleged that just two months prior to lodging of the complaint, the accused demanded the amount of Rs.200/- and hence, the complaint was lodged. The trap was arranged wherein the accused was trapped accepting the amount of illegal gratification.