H.R. SHELAT, J.

1. THE appellant was placed on trial, before the Special Judge for the District of Sabarkantha at Himatnagar to answer the charge of the offence under Section 161 of the Indian Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 in Special Case No. 2 of 1986. The trial ended in convection and appellant was sentenced to rigorous imprisonment for one year of the offence under Section 161 of Indian Penal Code, and rigorous imprisonment for one year and fine of Rs. 50/-, in default rigorous imprisonment for one month more, with regard to the offence under Section 5(1)(d) r/w. Section 5(2) of the Prevention of Corruption Act. Shorn of unnecessary details, the case of the prosecution is as under.

2. KODARBHAI Revabhai Chamar was having agricultural land as well as houses. The agricultural lands were bearing Survey Nos. 72/1 and 73/2, while the houses numbers were 61 and 62. The properties of KODARBHAI Revabhai are situate within the local limits of Navagam Group Gram Panchayat. The appellant at the relevant time was serving as Talati-cum-Mantri at Navavas. KODARBHAI Revabhai Chamar died in 1984 leaving behind him five so