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2010 Supreme(Guj) 89

Z.K.SAIYED
ARJUNLAL M UPADHYAYA – Appellant
Versus
STATE OF GUJART – Respondent


Advocates Appeared:
MR PM THAKKAR for the Appellant.
Mr. A.J.Desai, Additional PUBLIC PROSECUTOR for the respondent.

JUDGMENT

1. By way of this appeal, the appellant-original accused no.1 has challenged the judgment and order of conviction and sentence dated 5.5.1993 in Special (A.C.B.) case No. 1 of 1990 passed by the learned Special Judge, Mahesana. By the said judgment and order, the appellant has been convicted for the offence punishable under sections 7 and 13(1) and 13(2) of the Prevention of Corruption Act and has been ordered to undergo rigorous imprisonment for a period of three years and pay a fine of Rs. 2000/-, in default, further rigorous imprisonment for a period of one year for the offence punishable under section 7 of the said Act; rigorous imprisonment for a period of one year and pay a fine of Rs. 500/-, in default, further imprisonment for a period of six months for the offence punishable under section 13(1) and 13(2) of the said Act. Both the sentences are ordered to run concurrently. The original accused no. 2 who is not before this Court has been acquitted for the offence punishable under section 12 of the said Act, vide the judgment under challenge.

2. Brief facts of the prosecution case are that one Bhaveshkumar Motilal Maniyar was running a shop of electric goods in the na



































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