Mr. K.C. Puri, J.:- Krishan Gopal has preferred the present appeal against the judgment dated 11.4.1997 and order dated 17.4.1997 passed by learned Additional Sessions Judge, Ambala vide which the appellant stood convicted under Section 13(1)(e) of the Prevention of Corruption Act ( in short – the Act) and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/-. In default of payment of fine, the accused was directed to undergo further rigorous imprisonment for a period of six months.

2. Briefly stated the prosecution story is that accused Krishan Gopal remained Panchayat Secretary/Gram Sachiv from the year 1965 to 31.12.1983 and during this period his net salary came to Rs.67,509/08 P but during the above said period he purchased the property in his own name, in the name of his wife and in the name of his brothers on his behalf worth Rs.1,23,250/- over which he spent Rs.16,805/- as stamp duty. Thus, the accused Krishan Gopal was found to be in possession of property worth Rs.1,40,655/-. After giving the concession of 40% saving from his lawful income, the amount available to him was Rs.27,003/62 P but he purchased properties worth Rs.1,40,655/- which he could not satisfactorily explain and was disproportionate to his known sources of income from the year 1965 to 31.12.1983.

3. It has been stated that preliminary enquiry was conducted by Sat Parkash, Deputy Superintendent of Police, State Vigilance Bureau, Karnal, who submitted his report dated 16.7.1992 Ex. PM, which formed the basis of FIR. It has been further stated that the Director, State Vigilance Bureau (Haryana), Chandigarh, forwarded Enquiry No.14 dated 26.11.1990 to the Superintendent of Police, State Vigilance Bureau, Karnal, which was entrusted to Ranjit Singh, Inspector, who submitted his report which was forwarded to the quarter concerned vide letter No. 7586 dated 29.7.1991. Under the orders of the Government, the enquiry was held by Shri Shiv Shakti Rao, Deputy Superintendent of Police and Sh. Sat Parkash, Deputy Superintendent of Police of State Vigilance Bureau,. During enquiry, it was found that accused Krishan Gopal, Secretary/Sachiv, Gram Panchayat, Sadhaura, purchased land vide registered sale deed dated 31.3.1989 for Rs.25,000/- from one Gian Devi. Accused Krishan Gopal, further purchased 16 marlas of land in Patti Acharjan vide sale deed dated 20.10.1983 for Rs.9850/- The accused told that he purchased the land from the savings of his salary and from the income of his wife who was well versed in stitching/embroidery. During the period from 1983 to 1990 accused Krishan Gopal acquired immovable property in the name of his wife Vijay Kumari worth Rs.1,10,000/-. He acquired property in his own name worth Rs.51,850/-. He also acquired immovable property worth Rs.55,550/-in the name of his brother Bharat Bhushan. Similarly, he purchased property for Rs.9000/- in the name of his brother Ramji Dass and another property in the name of his ‘Bhabhi’ wife of his brother Ramji Dass for Rs.13,500/- In this way, the total assets worth Rs.2,39,850/- were acquired by him either in his own name or in the name of his wife or benami in the names of his brothers and bhabhi. He spent Rs.28,825/- on stamp duty. Total expenditure incurred by him on the property was Rs.2,68,675/-. Accused told to the enquiry officer that the property which he purchased for Rs.45,000/- in the year 1983 in the name of his wife was sold by him in the year 1988 for Rs.60,000/- and the property which he purchased in the name of his wife in the year 1983 for Rs.18,000/- was sold by him in the year 1984 for Rs.21,600/-. Similarly, he disclosed that the property which he purchased in the year 1983 in his own name for Rs.17,000/- was sold by him in the year 1984 for Rs.22,000/-. The house which he purchased in 1989 for Rs.25,000/- was sold by him for Rs.26,000/- after one month. Accused purchased and sold the property. Accused disclosed that he had