1. - Govind Prasad (appellant), who was Patwari of Patwar Circle Khandeep, Tehsil Gangapur City District Sawai Madhopur (Rajasthan) at the relevant time, has challenged his conviction & sentence for the offence under Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for brevity, Act). He has been sentenced vide judgment dated 23.1.1988 of the Special Judge (A.C.D. cases), Jaipur, to undergo simple imprisonment for one year & pay a fine of Rs. 200/- (in default, further S.I. for one month).Factual matrix:

2. A written report (Ex. P. 1) was lodged before the Deputy Superintendent of Police (Dy. S.P.), Anti-Corruption Department (A.C.D.), Sawai Madhopur by Mogriya (Pw 1) on 19.5.1984 alleging therein that in the field of his nephew Kalla situated adjacent to his field there was a Neem tree at the common boundary line of their fields and it had dried up, therefore, it was cut down by Kalla. This fact came to the notice of the appellant-Patwari during his inspection of the site and since the tree was public one, he interrogated Kalla who stated that it was cut down by Moogaria. It had also been stated in the report that the neem tree was seized b