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2016 Supreme(Guj) 1640

S.G.SHAH
State of Gujarat – Appellant
Versus
Bindubhai Gaurishankar Chaturvedi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.P. Raval

JUDGMENT :

S.G. Shah, J.

1. Heard Ld. A.P.P. Mr. K.P. Raval for the State and Ld. Advocate Mr. Nitin M. Amin for the respondent No. 2. The respondent No. 1 is reported to have died. His death certificate is on record which confirms that he died on 14.03.2014, therefore, the appeal stands abated against him. Perused the R&P so also the evidence adduced by the appellant State. The appellant State has challenged the impugned judgment and order dated 24th February, 2005 by Special Judge of Surendranagar in Sessions Case No. 25/1994, whereby the Sessions Court has acquitted both the respondents from the offences punishable u/s. 7, 12, 10 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988.

2. The case of the prosecution as per charge-sheet is to the effect that, the respondents have demanded an amount of Rs. 1,500/- and Rs. 500/-respectively from the complainant to clear his bills for the work done by him regarding pipeline for water tank of Jani Vadla village, therefore charges are framed pursuant to ACB Surendranagar Police Station C.R. No. 2/93 dtd. 5.5.93, for which after investigation charge sheet No. 1/1994 was filed on 18th March, 1994.

3. In such appeal, o















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