( 1 ) THE appellant is the orig. convict (hereinafter referred to as 'the appellant') of Special Case No. 2 of 1987 decided by the learned Special Judge, Sabarkantha at Himatnagar, vide his judgment and order of conviction and sentence dated 10th August, 1990, whereby the appellant has been held guilty for the charge of offence punishable under Section 161 of the Indian Penal Code and also under Sections 5 (1) (d) punishable under Section 5 (2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act' ).

( 2 ) THE present appeal is under Section 374 of the Code of Criminal Procedure, 1973, filed by the appellant assailing the legality and validity of the judgment and order of conviction and sentence on various grounds. By way of the judgment and order of conviction and sentence under challenge in this appeal, the appellant is sentenced to undergo rigorous imprisonment for two years and to pay the fine of Rs. 1500/- and in default to make payment of fine, rigorous imprisonment for 6 months qua the offence punishable under Section 161 of the Indian Penal Code; and the appellant is also directed to undergo rigorous imprisonment for 6 months and to pay the fine o

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