Judgment

DUA, J. :- These two appeals by the State of Assam (Crl. A. No. 92 of 1970 State of Assam v. Krishna Rao and Cr. A. No. 93 of 1970 State of Assam v. M. D. Bajid) under Art. 136 of the Constitution are directed against the common judgment of the Assam & Nagaland High Court dated April 30, 1969 allowing two appeals by the two respondents (Cr. A. 61 of 1968 M. D. Bajid v. State of Assam and Cr. A. 62 of 1968 V. Krishna Rao v. The State of Assam) against two separate judgments of the Special Judge, Gauhati dated June 12, 1968 in two separate trials. Though the High Court recorded a common judgment, it dealt with the two cases separately. We also propose to dispose of both the appeals by the common judgment.

2. The relevant facts giving rise to the two cases, the essential features of which are largely common, may now be stated. Accused Krishna Rao was a Garrison Engineer, M. E. S. at Jorhat and M. D. Bajid (appellant in the other case) was the Assistant Garrison Engineer under him. During the term of office of these two officers, it is alleged that Messrs Barakar Engineering and Foundry Works, Calcutta were contractors under the M.E.S., Jorhat for supplying fabricated building m