Judgment

VAIDIALINGAM, J, J.

( 1 ) -IN this appeal by special leave, on behalf of the first accused) the judgment, dated 3/08/1968 of the Bombay High court in Criminal Appeal No. 1749 of 1966 confirming the appellants conviction and sentence, is challenged. The appellant, at the relevant time was the Sub-Registrar at Kannad. The appellant along with two others namely, the clerk, accused No. 2, and the peon, accused No. 3, were tried by the Special Judge, Aurangabad and convicted or the offences under S. 161 read with S. 34 of the Indian Penal Code and section 5 (l) (d) read with S. 5 (2) of the Prevention of Corruption act, 1947. The appellant was sentenced to 18 months, rigorous imprisonment and a fine of Rs. 500. 00. In default of payment of fine he was sentenced to undergo six months rigorous imprisonment. Accused No. 2 was sentenced to one years rigorous imprisonment and a fine of Rs. 250. 00. Similarly in default of payment of fine he was sentenced to undergo three months rigorous imprisonment. Accused No. 3 was sentenced to nine months rigorous imprisonment and to pay a fine of Rs. 50. 00 and in default was to undergo one months rigorous imprisonment.

( 2 ) THE prosecution case