Judgment

JASWANT SINGH, J.:- The above noted two criminal appeals which are directed against the common Judgment and Order dated August 6, 1975 of the High Court of Judicature at Bombay affirming on appeal the Judgment and Order dated August 6, 1973 of the Special Judge Greater Bombay, convicting S. P. Bhatnagar, appellant in the aforesaid first appeal, (hereinafter described as A-1) under Section 120-B read with Sections 409 and 109 of the Indian Penal Code and Section 5 (1) read with Section 5 (2) of the Prevention of Corruption Act, 1947, and sentencing him to six months simple imprisonment on each of the said two counts as well as convicting A. S. Krishnaswami, appellant in the aforesaid second appeal (hereinafter described as A-2) under the aforesaid two counts but reducing his sentence from nine months imprisonment to six months simple imprisonment on each one of those counts shall be disposed of by this judgment.

2. Briefly put the case as set up by the prosecution was :

In 1964, the Indian Oil Corporation (hereinafter referred to as the Corporation) which is a Government owned company, decided to purchase 13 acres and odd of a hilly tract of land situate in village Mahul in Tr