JUDGMENT

1. The Petitioner has been convicted of attempting to obtain for himself some gratification other than legal remuneration as motive or reward for doing an official act and has been sentenced to six months' rigorous imprisonment. A rule was issued by this Court to show cause why the conviction and sentence passed on the Petitioner should not be set aside on the ground that the facts found in the judgment do not constitute an attempt to commit an offence under sec. 161, I. P. C, and also to show cause why the sentence should not be modified.

2. The Petitioner was a Civil Court peon and as such he had to serve summons on the witnesses in a suit instituted by the firm in which the complainant was the head gomosta. He asked the complainant to pay him dusturi, if he wished him to serve the summons without an indentifier : and this is the act for doing which he has been convicted.

3. It is urged on his behalf that the facts found do not constitute an attempt to obtain the dusturi. With this argument we are unable to agree. It appears to us that the attempt was complete when the demand was made; there was nothing further for the Petitioner to complete his attempt. He made the request