DILIP SAGORKAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of conviction of Dilip Sagorkar (since dead) under section 7 read with sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. He was sentenced to one year RI and fine of Rs. 1500/ - with default clause of 3 month RI under section 7 of the Act. He was also awarded sentence of one year RI with fine of Rs. 1500/ - with default stipulation under section 13(1)(d) read with section 13(2) of the Act. The sentence were to run concurrently.

(2.) During pendency of the appeal, Dilip Sagorkar expired and his name was deleted, the appeal being continued by his widow Smt. Nisha Sagorkar.

(3.) Looking to the examination of the accused Dilip under section 313 CrPC it is clear that almost all the facts alleged by the prosecution are admitted, the defence being that the complainant Muneshwar Pal (PW2) earlier had borrowed a sum of Rs. 1500/ - from the accused prior to 6.11.1999 which amount Muneshwar was returning to the accused at the time of the incident dated 6.11.1999.