DHARAMBIR YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this appeal, appellant has challenged his conviction and sentence as ordered by the Special Judge vide judgment/order dated 27.5.2011/30.5.2011 under Section 13(1)(e) of the Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 24 Dated 31.5.2002, registered at Police Station SVB, Gurgaon.

(2.) Prosecution story, in brief, is that appellant, who had remained as Minister, had accumulated property beyond the sources of his income. Appellant had purchased 80/90 acres of land in District Yamuna Nagar and 14 acres of land in village Jhal in his name and in the name of his relations. Appellant was having 6-7 cars. During enquiry, it was found that from the year 1996 to 1999, appellant had remained a member of Legislative Assembly and Minister in Haryana Government. Appellant had 6 Kanals 12 Marlas of agricultural land in village Jhal. He had purchased a 300 square yards plot in his name and had constructed a house thereon. Son of the appellant had purchased a plot measuring 216 square yards vide sale deed dated 5.11.1996 for Rs. 5,17,500/-. In the year 1997, appellant had purchased 4 Biswas of land in village Wajirabad for Rs. 1,40,633/- vide sale deed dated 18.12.1997.

(3.) Appellant had also constructed a house in village Kanhai by spending Rs. 32,56,072/-. Appellant had purchased a Maruti car by taking a loan of Rs. 2,00,000/-. Thus, the appellant had amassed movable and immovable properties worth Rs. 51,52,540/- beyond the sources of his known income. A loan was given to the appellant by Raj Khanna on 5.11.1996 to the tune of Rs. 4,60,000/-. Appellant had drawn salary to the tune of Rs. 2,27,442/- in the check period.