ISHWARLAL LABHSHANKER TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused in Special Case No. 2 of 1977 decided by the learned Special Judge Bhavnagar has been aggieved by the order of conviction and sentence passed against him on 19 October 1977 convicting him for the offences under sec. 161 I.P. Code and under sec. 5(1)(d) read with sec. 512) of the Prevention of Corruption Act and sentencing him to R. I. for two years on the first charge and R. I. for two years and a fine of Rs. 500.00 in default further R.I. for six months on the second charge with a direction that both the substantive sentences shall run concurrently.

(2.) The accused at the relevant time that is in July 1976 was attached as a surveyor in the office of the District Inspector of Land Records at Bhavnagar. Complainant Baldevbhai Ex. 6 who is a resident of village Mandva in taluka Talaja of the said district is the owner of land bearing survey number 151. There is in the neighbourhood another village called Jaspara and the said land situated in Mandva has common boundary with the land of one Puna Devji situated in Jaspara. The complainant got converted out of the said land of survey number 151 land admeasuring 1 acre 7 gunthas into non agricultural use and divided the same into posts and sold the said plots. One of the plots was sold by him to prosecution witness Laxman Bhagwan also called Lakhabhai.

(3.) It was the prosecution case that the complainant suspecting that the said Puna Devji who had put up a hedge on the boundary line of his land had encroached upon a part of the land of the complainant wanted his land to be surveyed to find out the extent of the encroachment. ... ... ... ... ... ...