JUDGMENT :

V. Srishananda, J.

Heard Sri T.G.Anandashetti, learned counsel for the appellants and Sri Subhash Mallapur, learned counsel for the respondent.

2. The present appeal is filed by the accused who suffered an order of conviction in Special Case (Disproportionate) No.3/2004) for the offence punishable under Section 13 (1)(e) of the Prevention of Corruption Act by the judgment dated 04.10.2016 on the file of the Prl. District and Sessions Judge and Special Judge, Bidar.

3. By the impugned judgment, accused has been sentenced as under:

(i) The accused Vithal, S/o Hanmanthappa Agharkhede, aged 74 years, retired Superintendent Engineer, Irrigation Department, R/o H.No.1-9-28:4 Khuba Plot, Gulbarga, since he is convicted for the offence punishable under Section 13 (1)(e) of the Prevention of Corruption Act, 1988 r/w Section 13 (2) of the Prevention of Corruption Act, 1988 , is ordered to undergo simple imprisonment for a period of three years and also this Court imposed fine of Rs.35,00,000/- (Rupees Thirty five lakhs only).

(ii) In default to pay fine amount, the accused shall undergo further simple imprisonment for a period of one year.

(iii) Since the accused had not at all und