Judgment

VAIDIALINGAM, J. :- This appeal by special leave is against the judgment and order dated 28-4-1971 of the High Court of Punjab and Haryana in Criminal Appeal No. 1310 of 1969 confirming the conviction of the appellant for an offence under Section 5 (2) of the Prevention of Corruption Act, read with Section 161 of the Indian Penal Code. The appellant was sentenced by the Special Judge to undergo two and a half years rigorous imprisonment and also to pay a fine of Rupees 500/-. But the High Court has reduced the sentence to one year s rigorous imprisonment; the fine levied by the Special Judge has, however, been maintained.

2. The case of the prosecution was briefly as follows : One Kaku Singh, P. W. 1, was allotted surplus land belonging to one Hazura Singh situated in the village of Dhakrabba Two other persons Jagan Nath and Amar Nath, had also been allotted surplus land of the same owner along with P.W. 1. Those persons had authorised P.W. 1 to take possession of their land also on their behalf. The effort made by Kaku Singh to take possession of the land was not successful. The appellant was the Naib Tehsildar (Agrarian) Patiala, at the relevant time. Kaku Singh approached