JUDGMENT

D. R. Khanna, J -These three appeals arise out of a common judgment dated 20.8.-1974 of Mr. M. L. Jain, Special Judge, Delhi whereby Musaddi Lal and Sada Nand were convicted under Section 5 (2) of the Prevention of Corruption Act and Sections 161/34 Indian Penal Code, and Babu Ahmed Was convicted under Section 109 Indian Penal Code read with section 5 "(2) of the Prevention of Corruption Act and Section 165-A Indian Penal Code. Each of the first two was sentenced to undergo rigorous imprisonment for two years and a fine of Rs 200/-, in default of payment of which further rigorous imprisonment for two months was to be undergone. Babu Ahmed was sentenced to rigorous imprisonment for one year under section 109 Indian Penal Code read with section 5(2) of the Prevention of Corruption Act, and like term under section 165.A Indian Penal Code, both to run concurrently.

2. The prosecution case was that 8mt. Budho Devi bad been in unauthorised occu" pation of a portion of plot No. 2631-34, Ward No. VIII, Asaf Ali Road, New Delhi, for a number of years, and was running a fire wood stall there. The plot belongs to the municipal corporation. Shewas, however, keen to get her possession