Judgment

SIKRI, CJI.: - This appeal by special leave by the State of Madhya Pradesh is against the judgment of the High Court allowing the appeal of the respondents. Mir Basit Ali Khan, Mir Shahniwaz Ali Man and Mir Sarfaraz Ali Khan, and setting aside the conviction and sentences passed on them by the learned First Additional Sessions Judge. Bhopal, who had convicted them under Section 120-B and Section 420. I. P. C. The respondents were, however, acquitted of the charge under Section 406, I. P. C. We may mention that there were two committal orders made by the learned Magistrate, First Class. Bhopal, on April 5, 1965 and on October 12. 1965, respectively, which gave rise to two Sessions Trials. Nos. 90 of 1965 and No. 98 of 1965. The learned Sessions Judge disposed of both the trials by a single judgment as he was of the view that both the trials were in effect a single trial of a single conspiracy and of several incidents of cheating. The respondents also filed one appeal before the High Court and the High court disposed of that appeal by one Judgment.

2. The facts are not very much in dispute. The prosecution case, in brief, was that Mir Basit Ali Khan the father, and his two son