1. State of U.P. has come up in appeal against the judgement of Sri R. C. Bajpai, Special Judge, Farrukhabad dated 14-4-1972 acquitting Kanhaiyalal for offences under S.161, Indian Penal Code and S.5(2) of the Prevention of Corruption Act .

2. The charge against Kanhaiyalal was that while working as supervisor Kanungo at Kaimganj he, on 5-10-1970 at 9.15 P.M. at his residence, accepted illegal gratification, other than legal remuneration, amounting to Rs. 250/- from Gayadin. It was also alleged that he committed criminal misconduct in the discharge of his official duties as Government servant by accepting the aforesaid amount of Rs. 250/- as reward for getting Pattas executed in favour of Sohan Lal and Kailash Singh of village Savitapur Behripur.

3. Briefly stated the case for the prosecution was that the accused Kanhaiyalal was posted as Supervisor Kanungo in Kampil circle. Gayadin P.W. 6 was Pradhan of the Gaon Sabha of Savitapur Behripur. He was approached by certain landless persons for the allotment of surplus land to them. He told those persons that he would inform them after talking over the matter with the Kanungo. Thereafter Gayadin met Kanhaiyalal and informed him about t