JUDGMENT

1. Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Jharkhand High Court.

Two appeals were filed by the present appellant and one Nag Narain who was accused no.2 questioning correctness of the judgment dated 4th December, 1997 and order of sentence dated 16.12.1997 passed by the Special Judge, CBI, Ranchi in R.C. case No.15 of 1998. Learned Special Judge held the appellants guilty of offence punishable under Sections 120B and 161 of the Indian Penal Code, 1860 (in short the `IPC') and also under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (in short the `Act'). Each of them was sentenced to undergo RI for one year and to pay a fine of Rs.5,00/- with default stipulation.

3. Prosecution version as unfolded during trial is as follows:

A written complaint was made to S.P. CBI, Dhanbad on 1.9.1985 by one Raju Hadi, Safayi Mazdoor of Pathological Laboratory Area-9, BCCL, Dhanbad alleging therein that he had visited Chamodih Dispensary in connection with treatment of his father Sri Hublal Hadi who was examined by Doctor L.B. Sah, who referred him to Central Hospital, Dhanbad.

Hublal Hadi was