Mishra, 1. - This is an appeal by the accused-appellant against his conviction and sentence awarded by the Special Judge (Additional Sessions Judge), Shivpuri, in Sessions Trial No.1 of 1977 under Sec. 161 I. P. C. and Sec. 5(1) (a) and (b) read with Sec. 2 of the Prevention of Corruption Act, 1947, (hereinafter referred to as the 'Act'), sentencing him to one years rigorous imprisonment in respect of each of that aforesaid offences and imposing a fine of Rs.100/- only, in default of payment of which three month's rigorous imprisonment is to be undergone.

2. The Prosecution case, briefly stated, is as under:-

Pyarelal (P.W.1), Ramcharan (P.W. 2), Gajanlal (P.W. 7), Chatura, Gulla, Rammu, Angad and others used to work as labourers on road in the National Park, Shivpuri. At the relevant time accused-appellant Madhusudan Prasad Gupta was time keeper in the said National Park. Accused was sent on deputation to the aforesaid post vide order (Ex. P.4) dated 14-3-1965 from the post of Time-keeper in Pichhore sub-Division in P.W.D. (Block No. 1), Pichhore to the aforesaid post in the Forest Department by order of the then Executive Engineer, Shri S.M. Shrivastava, Pyarelal (P.W. 1).