( 1 ) THE appellant (now deceased) was placed on trial before the Special Judge for the District of Bhavnagar at Bhavnagar to answer the charge of the offence punishable under Sec. 161 of the Indian Penal Code and Sec. 5 (1) (d) of the Prevention of Corruption Act. 1947 in Special Case No. 1 of 1984 on the file of the Court. The trial ended in conviction and the deceased appellant came to be sentenced to three months simple imprisonment and fine of Rs. 500. 00, in default, simple imprisonment for one moth more. The case of the prosecution in short is as under.

( 2 ) DAHYABHAI, Bhutabhai is serving as Keyman in Railways. He resides at Nari in Bhavnagar District. Damji aged about 18 years and Ramesh aged about 17 years are his sons. Both the sons go to the factories for labour work. and during leisure hours they also take their cattle to the grazing ground for the purpose of grazing. The deceased-appellant was serving as Mounted Armed Police Constable. His duty was to move around the area allotted to him along with his fellow brother and have close surveillance over the theft or other crimes being committed or likelihood thereof and not the criminals. Few days before