Judgment

GUPTA, J. :- On January 19, 1970 the appellant who at the appellant who at the material time was posted as Sectional Officer at Dhaipai Section of Ferozepur Division of Sirhind Canal, Incharge of Roman Minor Distributory, was convicted by the special Judge, Faridkot, under Sec. 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code and sentenced on the first charge to rigorous imprisonment for one year and a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for another six months, and on the second count to rigorous imprisonment for one year. Both sentences were directed to run concurrently. His appeal to the High Court having failed, the accused has accused has preferred the present appeal by special leave challenging the order of conviction.

2. The prosecution case is as follows: The fields of village Mattused to be irrigated from Romana minor distributary. On may 13, 1969 at 7.15 P. M. Ajaib Singh (P. W. 5) had has turn of water from the distributary which was to continue for five hours. According to Ajaib Singh, at about 8.30 P. M. the flow of water stopped. Next morning at 8.15 A. M. the water a