Judgment

VAIDIALINGAM, J.: - This appeal, by special leave, by the accused, is directed against the judgment and order dated March 11, 1970 of the High Court of Punjab and Haryana dismissing Criminal Appeal No. l138 of 1968 and confirming his conviction under Section 5 (1) (d) of the Prevention of Corruption Act, 1947 (hereinafter to be referred as the Act) as also the sentence of rigorous imprisonment for one year and the fine of Rs. 100/- imposed on him for the said offence. There is a direction that in default of payment of fine, the appellant has to undergo rigorous imprisonment for one month.

2. The prosecution case as placed before the special Judge, was as follows: The appellant at the material time was Loco Inspector, Locoshed, Jullundur city. One Sutlej Co-operative Society had obtained contract for the clearance of cinder coal and ash from the fire pits of the railway yard of Jallundur city. Jagira, P. W. 2, was the representative of the Society supervising the work of clearance of coal. The appellant was frequently complaining about the performance by P. W. 2 of his work and further threatened to report about his conduct to the railway authorities. P. W. 2, got the impress