Sadhana S. Jadhav, J.

1. The Appellants herein are convicted vide judgment and order dated 27.12.2005 in Sessions Case No. 16 of 1999 passed by the Additional Sessions Judge and Special Judge, Malegaon. The Appellant (in Criminal Appeal No. 143 of 2006) Original Accused No. 1 is convicted for the offence punishable under Section 13 (1) (d) r/w. 13 (2) of the Prevention of Corruption Act, 1988 and sentenced to suffer R.I. for 1 year and to pay fine of Rs. 1,000/- in default, to suffer S.I. for 2 months. The Appellant (in Criminal Appeal 111 of 2006) Original Accused No. 2 is convicted for the offence punishable under section 7 r/w. 12 of the Prevention of Corruption Act and sentenced to suffer R.I. for six months and to pay fine of Rs. 500/- in default, to suffer S.I. for one month. Hence, this appeal.

2. Such of the facts necessary for decision of the appeal are as under.

3. The Appellant-Dr. Nishikant Kulkarni in Criminal Appeal No. 143 of 2006 was officiating as a Medical Officer at Manmad Municipal Hospital in the year 1987. Appellant in Criminal Appeal No. 111 of 2006 was serving as a peon in the said hospital. On 9th September, 1987, Manohar Mulchandani approached the o