Judgment

VENKATARAMA AYYAR, J.:

These are appeals against the judgment of the High Court of Calcutta convicting the appellants on charges of conspiracy to cheat the Government and of bribery. The facts so far as they are material, may be briefly states. The appellant, S. K. Dutt, carried on business as a building contractor under the name and style of British India Construction Company. This firm had a branch at Asansol which was, at the material dates, in charge of the appellant, J. K. Bose. In May 1942, the military took up construction of dumps and roads in this area, and the appellant, R. W. Mathams, who was the Garrison Engineer at Asansol, was put in charge of it, and the appellant, P. C. Ghose, was functioning as overseer under him.

On or about 10th May 1942, an order was placed with S. K. Dutt for the construction of Dumps at a place called Burnpur near Asansol. The works were executed in June and July 1942, and sums amounting to Rs. 1,74,000 were paid to S. K. Dutt on account therefor. The case for the prosecution is that this amount was due to him for works actually done, by about Rs. 56,000 and that with a view to avoid the refund of this excess, the appellants entered int