( 1 ) THIS is an appeal by Brahm Sarup Patwari against his conviction under Section 5 (2), prevention of Corruption Act, 1947, and sentence of two years R. I.

( 2 ) THE appellant was a Patwari of village Najabatpura Pargana Paranagar, district Baijnor. In the aforesaid village there is a hamlet, Ganj, where a grove formerly owned by Swami Krishna Nand is situated. In January 1949 Swami Krishna Nand transferred a half-share in the grove to Yati vishokha Nand complainant by means of a deed of gift, and in respect of the other half, he made a bequest in favour of the donee. Subsequently, in August 1940 Swami Krishna Nand executed a deed of gift in respect of the entire grove in favour of Nagamagum Vidyalaya, Ganj. The person in charge of the Vidyalaya, Swami Kawela Nand, made two applications for mutation in respect of the grove. Yati Vishokha Nand did not object to the mutation in respect of that half about which there was only a bequest in his favour, but he objected to the mutation in respect of the other half which he had obtained under the deed of gift. This objection was made on 13-8-1949 and 20-8-1949 was fixed for hearing.

( 3 ) THE prosecution case was that two d