R.R. Prasad, J.

1. The sole appellant was put on trial to face charges under Sections 420, 468, 471 of the Indian Penal Code as also under Sections 7 and 13(2) of the Prevention of Corruption Act on the allegation that the appellant by putting his LTI on the pay slip of the complainant Indradeo Yadav took out wages of Rs. 2929/- of the complainant and that the appellant on demand took Rs. 200/- as illegal gratification. The trial court while acquitting for the charges under Sections 7 and 13(2) of the Prevention of Corruption Act, did find the appellant guilty for the charges under Sections 420, 468, 471 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years on each count and also sentenced him to pay a fine of Rs. 500/- under Section 468 of the Indian Penal Code and in default to undergo further rigorous imprisonment for three months. The sentences were ordered to be run concurrently.

2. The case of the complainant Indradeo Yadad (P.W.5) is that he was working as Dumper Khalasi in Gonudih Colliery under the appellant who was working as Dumber In-charge and used to take unofficial work from the complainant not only for himself but also for