JUDGMENT :

1. The appellant (accused) has challenged judgment and order of conviction and sentence dated 28.2.2005 passed by learned Judge, Special Court, designated under The Prevention of Corruption Act, 1988 (learned Judge of the trial court), Nagpur in Special Case No.5/1996.

2. By the said judgment and order of conviction impugned, learned Judge of the trial court convicted the accused for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced him to suffer simple imprisonment for one year and to pay fine Rs.1000/-, in default, to suffer simple imprisonment for three months.

Learned Judge of the trial court also convicted the accused for offence punishable under Section 13(1)(d) read with Section 13(2) of the said Act and sentenced him to suffer simple imprisonment for three years and to pay fine Rs.2000/-, in default, to undergo simple imprisonment for six months.

Learned Judge of the trial court also directed that all the sentences shall run concurrently.

3. During pendency of the appeal, the accused died and his legal heirs proceeded with the appeal with leave of the court.

4. Brief facts of the prosecution case run, as under:

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