ZIPRU NAMDEO CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal herein was filed by the original accused in Special Case No. 8 of 1990 wherein the accused has been convicted for offence punishable under section 161 of Indian Penal Code and section 5 (2) of the Prevention of Corruption Act, 1947 and he is sentenced to suffer simple imprisonment for three months and to pay fine of Rs. 1000/- on each count i.d. to suffer further simple imprisonment for 15 days by Special Judge, Nashik vide Judgment and Order dated 26/09/1994. Being aggrieved by the said Judgment accused had filed present criminal appeal.

(2.) During the pendency of the appeal, appellant had expired. The legal heirs of the appellant filed an application seeking to prosecute the appeal. By an order dated 13/08/2010, legal heirs are brought on record and at present, the appeal is being prosecuted for the legal heirs.

(3.) Such of the facts necessary for the decision of this appeal are as follows.