Judgment

JAFER IMAM J. : The appellants, who were police constables at the time of the occurrence, were convicted by the Special Judge of Delhi under S. 120-B and S. 224/109 of the Indian Penal Code and S. 5 (2) of the Prevention of Corruption Act, (2 of 1947). They were sentenced to two years rigorous imprisonment under S. 5 (2) of the Prevention of Corruption Act, 1947 and to nine months rigorous imprisonment under each of the Ss. 120-B and 224/109 of the Indian Penal Code. The sentences of imprisonment were directed to run concurrently. Their appeals to the Punjab High Court were dismissed and the present appeals are by special. Leave.

2. The case of the prosecution, as stated in the charge, was that the appellants had conspired at Delhi with Ram Saran Das, the approver, M. P. Khare, Nand Parkash Kapur and Murari between the 6th and 16th of November, 1955 to bring about the escape from lawful custody of M. P. Khare, an undertrial prisoner, and that they had also agreed to accept Rs. 1,000 each and other pecuniary advantages as illegal gratification for rendering the escape of M. P. Khare from lawful custody and that in pursuance of the said conspiracy they had abetted the escape