JAGDISH LALDAS BADOLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 5-10-1996 passed by learned 5th Additional Sessions Judge and Special judge (CBI), Jabalpur in Special Case No. 52/87 convicting appellant under section 5 (1) (e) read with Section 5 (2) of Prevention of Corruption Act, 1947 (in short 'the Act') and thereby sentencing him to suffer R. I. of three years and fine of Rs. 30,000/-, in default of payment of fine, further RI of one year, the appellant has knocked the door of this Court by preferring this appeal under section 374 (2) of Code of Criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that appellant was serving on the post of Assistant Controller of Estate Duty of Income Tax Department at jabalpur. He joined his services in the year 1973 as Inspector of Income Tax and thereafter in 1982 he was promoted to the rank of Income Tax Officer. During the year 1986 he was holding the post of Assistant Controller of Estate Duty and thereafter on 4-11-1986 he was put under suspension by the Income Tax department.

(3.) IT is the further case of prosecution that appellant being a public servant accumulated and was possessing the huge assets in his own name and in the name of his wife and dependents, during the check period between January, 1981 to October, 1986, which were found disproportionate to the known sources of his income for which he was unable to submit necessary accounts.