Sham Sunder, J. - This appeal is directed against the judgement of conviction and the order of sentence dated 10.08.94, rendered by the Court of Special Judge, Central Bureau of Investigation, Punjab, Patiala, vide which, it convicted the accused, for the offence punishable under Sections 5(2) of the Prevention of Corruption Act, and sentenced him to undergo rigorous imprisonment for a period of 2-1/2 years and to pay a fine of Rs. 700/-, and in default thereof, to further undergo rigorous imprisonment, for a period of three months.

2. The facts, in brief, are that Udham Singh, had retired as a Havaldar, from 3 Mountain Regiment w.e.f. 01.09.87. Vide letter dated 07.08.87, he was granted commuted pension of Rs. 35,112/-, and death-cum-retirement gratuity of Rs. 9675/-. His pension w.e.f. 01.09.87, was also fixed, in the month of October. The pension payment order was issued by the Artilliary Records, Nasik Road Camp, in respect of payment of Havaldar Udham Singh. The order dated 07.09.87, was entered into the pension payment order register maintained in the office of the Defence Pension Disbursing Officer, Sangrur, at Sr. No. 1347. The pension book alongwith they above said