JUDGMENT

Hansaria, J. - These revisions are directed against orders of discharge passed by the learned Special Judge, Kohima, in a case under sections 120B/420/468/471 of the Indian Penal Code and section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act. The broad allegations against the opposite parties were that they had conspired together to cause pecuniary loss to the Union of India by fraudulent means and in furtherance of the conspiracy misappropriated and cheated the Government by misusing official position a sum of Rs. 1,05,989.13. Though, initially the case was one but it came to be bifurcated as would appear from the two orders of discharge passed by the learned Judge. At first, the case against the opposite parties Major W.P.F. Roberts and Naik Subedar K.P. Verma was taken up and by an order passed on 29.9.78 they were discharged. Subsequently the case of the remaining accused was gone into and they came to be discharged by an order dated 21-12-71. Feeling aggrieved the State has preferred these revisions.

2. Shri Hazarika, learned Special Prosecutor on behalf of the C.B.I., has submitted that the learned Judge applied a wrong section, namely, section 2