LAXMANBHAI DHANABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS these appeals are arising from one and the same judgment and order, both these appeals are decided finally by this common judgment.

(2.) LAXMANBHAI Dhanabhai Damor of Criminal Appeal No. 850 of 2007 is the original panch witness No. 1 and Ramsingh Babubhai Bariya is the original complainant in Criminal Appeal No. 1179 of 2007 in Special (ACB) Case No. 15 of 1994. Accused Abdulraheman Sindhi, Talati-cum-Mantri, Surashamal Gram Panchayat, Taluka Sinor was charged for offence under section 7, 13 (2) read with section 13 (1) (d) of Prevention of Corruption Act, 1988 by the learned Special Judge, Vadodara in Special Case No. 15 of 1994 and at the end of the trial, benefit of doubt was given to the accused and he was acquitted. The following order is passed on 25. 1. 2007 by the learned Sessions Judge, Vadodara : accused Rahemtulla Abdulraheman Sindhi is exonerated from the charges levelled against him vide Exh. 10 by giving benefit of doubt. Accused is on bail, his bail bonds are ordered to be cancelled. Incriminating Article i. e. pant is ordered to be destroyed as it has not been claimed by any of the parties. Incriminating Articles i. e. currency notes are ordered to be returned to the complainant after expiry of limitation of appeal or final outcome of appeal if any. "

(3.) AFTER giving opportunity to both the parties, the learned Sessions Judge also held PW 1 Ramsingh Balubhai Baria and PW 2 Laxmanbhai Dhanabhai Damor, present complainant as well as the panch witness respectively, guilty for giving false evidence in Special (ACB) Case No. 15/94 willfully and intentionally under the provisions of section 344 of Cr. P. C. and both of them were convicted to suffer simple imprisonment for three months and fine of Rs. 500/- in default, simple imprisonment for 15 days. The said order is challenged by both the complainant and the panch witness before this court by way of filing these appeals.