Judgement

KHANNA, J.:- This judgement would dispose of criminal appeal No. 36 of 1969 Bhagat Ram v. State of Rajasthan and criminal appeal No. 202 of 1970 State of Rajasthan v. Ram Swaroop. Both the appeals have been filed on certificate granted by the Rajasthan High Court.

2. Bhagat Ram during the year 1962 was posted as circle inspector of police at Ganganagar. Ancestral village of Bhagat Ram is Mehna in Tehsil Moga, District Ferozepur Ram Swaroop also belongs to that village. Both Bhagat Ram and Ram Swaroop were tried in the Court of special judge. Ganganagar for offences under Section 120B IPC for conspiring to extort bribe of Rs. 2,000 from PW 1 Niranjan Dass of Moga. Charges were also framed against Bhagat Ram for offences under section 161, 218, 347 and 389 Indian Penal Code as also S. 5 (1) (a) read with section 5 (2) of Prevention of Corruption Act. Additional charge under section 165A Indian Penal Code was framed against Ram Swaroop. Both Bhagat Ram and Ram Swaroop were acquitted by the special judge, Ganganagar in respect of all the charges. The State of Rajasthan filed an appeal against the acquittal of the two accused. The appeal was heard by a Division Bench consisting