The appellant was the accused officer (hereinafter referred to as "the accused"). He died during the pendency of the appeal. His legal heirs, i.e., his wife, son and daughter, filed an application to permit them to continue the 'appeal and the same was allowed by this Court by an order dated 31-8-1998 and thus the appeal is being prosecuted by the legal heirs of the deceased accused.

2. By judgment dated 17-12-1997, the Principal Special Judge for SPE and ACB Cases, Hyderabad, convicted the accused for the offence under Section 5(2) read with Section 5(1) (e) of the Prevention of Corruption Act, 1947 (for short the' Act') and sentenced him to undergo rigorous imprisonment for a period of two years. The learned Judge also ordered for confiscation of the assets of the accused under items 1 to 12 as shown in the annexure-I, to the State.

3. The charge against the accused is that while he was working as a Motor Vehicles Inspector in the Transport Department, during the check period from 19-10-1976 to 28-9-1986, he acquired assets which are disproportionate to his known sources of income to a tune of Rs.8,11,783-33 ps. in his name and in the name of his dependents, i.e., his wife, daughter and son, for which he could not satisfactorily account for and thus he is liable or an offence punishable under Section 5(2) read with Sec. 5(1) (e) of the Act.

4. The following assets are shown as belonging to the accused acquired during the check period:

ITEM DESCRIPTION OF THE ASSET VALUE OF

NO. THE ASSET

(in Rs.)

1. Construction of a house in D.No. 41-20-2/21 in

Krishnalanka, Vijayawada in the name of

his son Srinivasa Kumar. 1/59/000/-

2. Purchase of house from LIC of India in Bhimnagar,

Hyderabad in the name of his wife Smt. A Santakumari

in 1980 and construction of first floor in 1985. 1/45/911/-

3. Purchase of a house from AP. Housing Board in

LIC scheme at Hyderabad in 1974 in the name of AO. 25/658/-

4. Purchase of Ac. 7-83 cents of wet land in the name of

Smt. A Santakumari in Machilipatnam in 1975. 24/800/-

5. Purchase of Ac. 1.14 cents of wet land in the name of

AO/s son Srinivasa Kumar at Uppaluru in 1983. 15/960/-

6. Purchase of Ac. 2.10 cents of wet land in the name of

A. Santakumari at Uppaluru in 1983. 29/400/

7. Purchase of Ac. 2.00 cents of wet land in the name of

Santakumari wife of AO situated at Uppaluru in 1983. 28/000/

8. Purchase of Ac. 2.96 cents of wet land in the name of

Santakumari w / o. AO at Uppaluru in 1983. 41/400/

9. Purchase of Ac. 2.00 cents of wet land in the name of

Vasasri d/o. AO at Uppaluru in 1983. 28/000/

10. Purchase of house plot measuring 333 sq. yards in the

name of Srinivasakumar s/o. AO at Patnamata in 1980 3/443-50

11. Purchase of house plot Ac. 0.66 cents in the name of

Santakumari w/0 AO at Nunna in 1980. 6/825/

12. Purchase of house plot in Jubilee Hills Co-op. House

Building Society, Hyderabad in the name of

Santakumari w/o. AO in 1980. 21/745/-

13. Value of the household articles as per the in

ventory dated 28-9-1986. 27/635/

14. Investment in Vikas Cash certificate in Syndicate Bank

in the name of Srinivasa kumar, s/o. AO vide

certificate No.1528 dated 28-3-1985. 51/000/-

15. Cash balance in CL A/c.No. 1207 in the name of.

Srinivasa kumar slo AO in Syndicate Bank, Vijayawada. 5,000/-

16. Investment in Spl.Term Deposit receipt No.706324

dt. 5-6-1979 in the name of Vasasree in S.B.I. Vijayawada. 25,000-

17. Cash balance in S.B. Ale. No.6545 in Andhra Bank,

Krishnalanka Branch in the name of A. Pitchaiah. 2,0861

18. Cash balance in S.B.AI C.No. 5403 in the name of

Srinivasakumar s/o. AO in Vysya Bank, Governorpet Branch,

Vijayawada. 7,787-60

19. Cash balance in S.B. A/c.No. 34/3512 in the name of

the Radhakrishnamurthy in S.B.I. Governorpet Branch,

Vijayawada. 32,727-

20. Amount deposited in Bhaskar Savings Co., Tadepalligudem

in the name of A. Srinivasakumar son of AO. 13,200/-

21. Cash balance in savings A/c in the name of Vasasree in

M/ s. Bhaskara Savings Co.