JUDGMENT

REDDY, J.:- This criminal appeal is directed against the judgment and order of the Delhi High Court acquitting the respondent accused. These accused, five in number, along with one Gurbachan Singh were put up for trial before the Special Judge of Delhi for offences punishable under Sections 120B, 5(2) read with S. 5(l)(d) of the Prevention of Corruption Act. Gurbachan Singh who was the brother of respondents Nos. 2, 3 and 4 herein was adjudged insane and his trial was separated. The remaining accused were convicted and sentenced to one and a half years and six years respectively under these two counts and also sentenced to pay fines. On appeal, the High Court reversed the same and acquitted all of them. Hence the present appeal before this Court pursuant to the leave granted.

2. The first respondent N. S. Giani functioned as Asstt. Iron and Steel Controller, Calcutta, in charge of section for distribution of Stainless Steel, for the period from 27-6-60 to July, 1961. The accused Nos. 2 to 4 and Gurbachan Singh were brothers. Accused No. 5 was their friend and partner. It is alleged that first respondent was also known to the other accused, when he functioned as Deputy Asstt.