Judgment

Thomas, J.-On the death of the sole appellant normaily this appeal would have got abated. But appellant’s widow Smt. Krishna Bai applied for resuscitation of the appeal presumably because she was not in­clined to bear the stigma fastened on her late husband with the find­ing of the High Court that he was guilty of corruption charge. Hence, she availed herself of the remedy envisaged in the proviso to Section 394(2) of the Code of Criminal Procedure and applied for leave to continue the appeal. Leave was granted after condoning the delay involved in making the aforesaid application.

2. Appellant was accused in a case tried by a Special Judge for the offence under Section 5(2) of the Prevention of Corruption Act, 1947. He was acquitted of the said charge by the trial Court but was con­victed by the High Court on an appeal filed by the State in reversal of the finding of the trial Court. He was sentenced to rigorous im­prisonment for three months and a fine of Rs. 500/-. He preferred the present appeal by special leave.

3. Appellant was a Revenue Inspector. The nub of the case against him was that he wangled a bribe of Rs. 50/- from one Sewa Ram (P.W. 1) for performing an offici