SITA KURRIA Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 CrPC have been preferred claiming the following reliefs:

(2.) This Criminal Appeal has been preferred against the judgment dtd. 27/11/2006 passed the learned Special Judge Prevention Of Corruption Act Cases, Bikaner in Sessions Case No. 166/97 whereby the learned Court convicted the appellant's late husband, Uda Ram, for the offences under Sec. 13(1)(e) read with 13(2) of the Prevention of Corruption Act, and awarded him a sentence of 1 year S.I. along with a fine of Rs.50,000.00 and in default of payment of the same, he was to further undergo 6 months S.I.

(3.) Brief facts of the case as placed before this Court by learned counsel for the appellant are that an F.I.R., bearing F.I.R. No. 32/93 (Ex. P/61) was registered by the A.C.B., Sri Ganganagar against Late Uda Ram on the basis of a preliminary enquiry bearing No. 8/91, wherein it was alleged that Uda Ram, between the years 1991 - 1993 while posted as 'Bhu Prabandhan Adhikari' misused his official position, and acquired assets disproportionate to his known sources of income, at the time. And that, the investigating officer arrived at a finding that Uda Ram's valid income during the course of the check-period was Rs.6,35,664.00 whereas he acquired properties in his own name and in the name of his family members to the tune of Rs.12,01,000.00 and that thus, properties valuing Rs.5,65,336.00 were found to be in excess of the known sources of income. And that, accordingly a charge sheet was filed against him for the offences under Ss. 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 and the learned Court framed charges, and subsequently upon trial convicted Late Uda Ram.