PRAKASH CHANDRA JAISWAL, J.

1. Heard learned counsel for the appellants and learned Standing Counsel for the C.B.I. on these criminal appeals.

2. The aforesaid criminal appeals have been preferred against the judgment and order of conviction and sentence dated 21.12.2012 passed by Special Judge, C.B.I.-III Patna in Special Case no. 2 of 2004 arising out of R.C. Case no. 6(A) of 2004, whereby the learned trial court convicted the accused namely, Munni Lal Paswan for the offence punishable under Sections 7/120B, 13(2) of the Prevention of Corruption Act and accused Bindeshwar for the offence punishable under Sections 7/ 120B, 12, 13(2) of Prevention of Corruption Act and sentenced both the accused persons to undergo R.I. for three years and also slapped them with a fine of Rs. 10,000/- each and in default of payment of fine to further undergo S.I. for two months under Section 13(2) of the Prevention of Corruption Act and further sentenced them to undergo R.I. for two years and slapped them with a fine of Rs. 5,000/- each and in default of payment of fine to further undergo S.I. for one month under Section 7 of the PC Act read with Section 120B of the Indian Penal Code. All the sentences were directed to run concurrently.

3. The factual matrix of the case is that R.C. Case no. 6(A) of 2004 was instituted under Sections 120B of the Indian Penal Code and Sections 7 and 12 of the Prevention of Corruption Act against accused Munni Lal and Bindeshwar on the basis of written complaint dated 20.02.2004 filed by Tilak Mahto addressed to S.P., C.B.I. ACB, Patna with the allegation, in succinct that he is working as a gang man fitter-cum-trolley man at Dalsingh Sarai. Bindeshwar, who happens to be trolley man of Chief PWI Sri Munni Lal realizes Rs. 400/- to Rs. 700/- from him and his colleagues as graft each month on the date of payment of salary and in case of not obliging him, their salaries are slashed and their attendance are striken out in the next month. The attendance register checked by PWI, Dalsingh Sarai at the end of each month on 27th and forwarded to chief PWI, Samastipur for preparation of salary. He has withdrawn his salary for the month of January, 2004 from salary office, Barauni on 17.02.2004 in advance. Bindeshwar had asked him to give Rs. 600/- as bribe to him on 21.02.2004 in the salary office, Dalsingh Sarai for Munni Lal, Chief PWI, Samastipur else his next month salary will be slashed. He has prayed to take legal action against trolley man Bindeshwar and Chief PWI, Munni Lal as he does not want to give graft to Bindeshwar.

4. On receiving the aforesaid complaint petition, S.P., C.B.I. got the veracity of the allegation verified by its officer, namely, H. Hemrom, Inspector, C.B.I., Patna and after verification, F.I.R. was lodged against the aforesaid accused persons. Thereafter, the charge of the case was given to Shri Pushpendra Saxena, Inspector, C.B.I., Patna for laying down a trap and investigation. On 21.02.2004, a trap team was constituted comprising five personnel of C.B.I. and two independent witnesses, namely, Raj Kumar Singh and Parmanand Singh, both employee of the telephone office, Dalsingh Sarai. Out of them, Raj Kumar Singh was directed to act as shadow witness and demonstration formalities was carried out in the post office of Dalsingh Sarai and complainant was asked to produce sum of Rs. 600/- whereupon he produced the same consisting of twelve currency notes each of Rs. 50/- denomination. The description and number of the said currency notes was noted down in the preliminary memorandum. Said currency notes were treated with phenolphthalein powder and were given to the complainant with a direction to hand it over to the accused only on demand and a preliminary memo was prepared. Thereafter, on the same day, the trap team proceeded to the store of PW 11, Dalsingh Sarai located adjacent to Dalsingh Sarai Railway Station, where, Bindeshwar demanded and accepted tainted money of Rs. 600/- besides mo