M. SIDDALINGAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Special Public Prosecutor.

(2.) The present appeal is filed by the accused in Special Case No.1/2000 on the file of the Court of the Sessions Judge, Koppal. It was alleged against the appellant that on reliable information received with regard to amassing of wealth disproportionate to the known sources of income of the appellant, the Police Inspector, Lokayukta police, Raichur, registered a case against the accused who was working as a Junior Engineer in T.R. Sub-Division, Vaddarahatti Camp in PWD Gangavathi and a raid was conducted in the residential quarters of the accused after obtaining a search warrant on 8.7.1987 and seized certain articles, the description of which are mentioned in the search panchanama, in the presence of three panch witnesses. Several movables and other valuables were seized. The accused was a Government servant who was appointed as an Overseer on 12.8.1957 and he was a Junior Engineer as on the date of the raid. He has two sons and one daughter, all of whom studied in a Government Primary school and thereafter they had attended College at Hospet. One of his sons is a B.Sc. graduate and his youngest son is a B.E. graduate who passed out of Bapuji Institute of Engineering and Technology, Davanagere. The appellant was a native of a village in Shikaripura Taluk of Shimoga District. He belongs to the Jangam Lingayath community. His father had died in the year 1970-71. He had not inherited any property from his father. The accused was working as an Assistant Engineer at the time of retirement in February 1993.

(3.) Though several grounds are raised in the appeal, the learned counsel for the appellant has pointed out that the prosecution of the appellant was under the Prevention of Corruption Act, 1947. Section 6 of the said Act, reads as follows: