BAL KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Bal Kishan has directed the present appeal against the judgment dated 11.7.2001 and order dated 13.7.2001 passed by Shri Rajinder Kumar Bishnoi, learned Additional Sessions Judge/Special Judge, Sonepat vide which the accused-appellant stood convicted under Section 13 (1)(E) of the Prevention of Corruption Act ( in short the P.C.Act ) and sentenced to undergo rigorous imprisonment for a period of three years and six months and to pay a fine of Rs.10,000/-. In default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The case of the prosecution in brief is that accused purchased agricultural land, plots etc. at so many places and during investigation, it transpired that the accused purchased a plot measuring 333 square yards at Prem Nagar, Kundli and constructed two shops and 22 quarters thereupon. He filed a false affidavit about this property. The costs of shops was assessed to be Rs.40,000/- each and cost of the quarters was assessed at Rs.16,000/- each. The total cost was assessed as Rs.5,92,000/-. The cost of the plot was assessed as Rs.67,500/-. Accused purchased another plot on Narela Road along with his brother for Rs.1,01,250/-. His share came to Rs.50,625/- and five shops and fourteen quarters were constructed thereupon and it was also assessed that thereupon he spent around Rs.1,50,000/-. He also married his two daughters and one son. It is assessed that he spent around Rs.1,20,000/-. He also spent Rs.50,000/- on the repair of his house and Rs.40,000/- on the business of his son. He spent Rs.12,09,461/- whereas his income was Rs.8,63,360/- as shown in report Ex.PD. The source of income were not sufficient. The total salary paid to him was Rs.4,09,260/- and 40% of the same was considered as savings amounting to Rs.1,95,704/-. He also sold a plot measuring 1000 square yards and got Rs.1,15,000/-. The income from the rooms and shops was considered as Rs.78,000/-. The income from two shops constructed at Kundli was considered as Rs.1,92,000/- for four years. Rs.40,000/- were taken on loan from the bank for starting the business. Rs.50,000/- were borrowed for repairing the house. The income from agricultural land was considered as Rs.1,92,156/- as shown in Ex.PD and Ex.PE prepared by the revenue authorities. The assessment of the cost of building is Ex.PA. Statements of the witnesses were recorded. The accused was arrested. After completion of investigations challan against the accused was presented in the Court for trial of the accused.

(3.) Copies of documents relied upon by the prosecution were supplied to the accused. The trial Court framed charges under Section 13 (1)(E) of the PC Act against the accused. The accused pleaded not guilty to the charges and claimed trial.