Judgment

ALAGIRISWAMI, J.: - Two of the appellants, Major Lala and Lt. Col. Khanna are Army Officers and the appellant in the 3rd appeal, Gupta is a businessman of Gauhati. All of them were put up for trial before the Special Judge appointed under the Criminal Law Amendment Act. 1952. One charge which was common to all the three of them was that between June, 1962 and January, 1963 all of them agree to commit or cause to be committed offences under Section 5 (2) of the Prevention of Corruption Act, and of cheating punishable under Section 420 of the Indian Penal Code, and these offences been committed in pursuance of a conspiracy were punishable under Section 120-B of the Indian Penal Code read with Section 5 (2) of the Prevention of Corruption Act and Section 420, I.P.C. Mr. Gupta, the businessman was charged under Section 420, I.P.C., as well as Section 511 read with Section 420, I.P.C. The two Army Officers were also charged with offences under Section 420 read with Section 5 (1) (d) of the Prevention of Corruption Act.

2. The case was filed before the Special Judge on 28-6-1963 and the charge was framed on 13-3-65 After about 18 out of the 52 witnesses cited by the prosecution ha