K GOVERDHAN Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Principal Special Judge for SPE & ACB cases dated 30-12-1994 rendered in CC No.1 of 1993, under which the appellant has been convicted for the offence under Section 5(2) read with Section 5(1)(e) of Prevention of Corruption Act (for short 'the Act'), and has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.25,000/- and in default to undergo rigorous imprisonment for three months.

(2.) It may be stated that the appellant in the case has since died and that his legal representatives have been permitted to continue the appeal.

(3.) The case of the prosecution as brought out during the trial may be stated briefly as follows: The appellant is a public servant, who has been working as a Sub-Registrar in the Registration Department during the period from 8-11-1960 to 5-8-1984. It is alleged that during this period, he acquired assets which were disproportionate to his known sources of income to a tune of Rs.4,72,252/-. The Inspector, ACB, who has been examined as PW37, conducted preliminary enquiry against the appellant in the month of July, 1984 and received information that the appellant was in possession of assets disproportionate to his known sources of income. Thereafter PW37 applied to the Director, ACB, to grant permission to register FIR against the appellant. Having received such permission, FIR was registered under Ex.P98. The premises of the appellant at Vijayawada was searched on 5-8-1984 in the presence of mediators including PW28 and some documents under Ex.P61 have been seized. The appellant was not present at the time of search while his family members were present. Ex.P62 is the inventory of the articles found in the house of appellant. On 7-8-1984 PW37 along with PW28 and others went to Vijaya Bank at Vijaya Nagar Colony, opened the locker of the appellant in their presence and prepared inventory of articles under Ex.P63. At the same time at about 11-45 a.m. the appellant produced some other documents before PW37, which were seized under Ex.P64. On the same day at about 12-24 hours in the presence of DW5, the son-in-law of the appellant, PW37 searched the locker of DW5 and took inventory of articles under Ex.P65. Thereafter, the case was handed over for further investigation to PW43. PW43 addressed letters to various banks and collected the particulars of the bank accounts of the appellant. The check period for the purpose of reckoning is proportionate assets was taken from 1-1960 to 5-8-1984.