RAM SWAROOP RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Ram Swaroop Rathore died on 15.6.2001. An application under section 394, CrPC was filed on behalf of his widow; praying not to abate this appeal. This Court, on 19.4.2002 allowed the application and the widow of Ram Swaroop was directed to continue the appeal.

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 27.8.1997 passed by Vth Additional Sessions Judge and Special Judge (CBI), Jabalpur in Special Case No. 4/90 convicting the accused under section 13(1) (e) and 13(2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act') and sentencing him to suffer rigorous imprisonment of two years and six months and fine of Rs. 25,000/ -, in default, further imprisonment of one year, this appeal has been preferred under section 374(2) of the Code of Criminal Procedure, 1973.

(3.) THE accused was charged under section 13(1) (e) read with section 13(2) of the Act which he denied and prayed for the trial. The defence of the accused is that he is innocent and has been falsely implicated. According to the accused he was contractor in the year 1958, thereafter he was appointed on the post of Supervisor Grade B in the year 1964. He became Supervisor Grade A in the year 1967. Thereafter in the year 1971 he joined Vehicle Factory where he was appointed on the post of Chargeman Grade I in the year 1980. According to the accused, in the year 1980, while discharging his duties on the post of Chargeman Grade I, he was drawing wages to the tune of Rs. 3,500 -4,000/ - per month including overtime, etc. His wife was also earning certain amount by doing the stitch and tailoring work. His mother was obtaining pension since 1967. Apart from this, his son being highly qualified, as he did M.Sc. and M. Phil, was earning Rs. 1,000/ - per month. The further defence of the accused is that in the year 1975 he deposited Rs. 5,000/ - in the Central Bank of India for ten years. In 1979 he deposited Rs. 20,000/ - in Kashi Nath Bank (V.P.), in the same year he deposited Rs. 25,000/ - in Central Bank of India, Gokulpur Branch for ten years. In the year 1977 he sold the ancestral house for Rs. 10,000/ - and the sale price Rs. 10,000/ - he deposited in the form of FDR in the year 1981. He also sold his gun for Rs. 25,000/and in the year 1979 he sold the agricultural land situated in the State of V.P. for Rs. 13,000/ -. Apart from this, he is also getting night duty and over time allowances and thus, the assets and property which he is possessing, has been acquired by him by the known sources.