A. N. Banerjee, J. :- These two appeals arising out of the same judgement were heard together and would be governed by are following judgement :-

On 11-7-67, Dy. Supdt. of Police, Special Police Establishment, Division C.B.I., Calcutta filed a petition of complaint before the Judge of 4th Additional Special Court, Calcutta, against three accused persons viz. (1) Capt. Usha Ranjan Roy Choudhury (accused/appellant in Criminal Appeal 308/72), (2) Major Ramchandar Rangnath Hoshing (respondent in Govt. Appeal) and (3) Lt. Col. Birendra Nath Mazumdar (respondent in Govt. Appeal) under Section 120-B read with Section 5(2) of Act II of 1947 and under Section 5(2)/5(1)(c) and (d) of Act II of 1947. Along with such petition of complaint sanction order of the President of India under Section 6(1)(a) of the Act II of 1947 and Section 197, Cr. P.C and the certificate of the Political Officer, Sikkim, under Section 188, Cr. P.C. were also filed. On a perusal of the petition of complaint and on a consideration of the allegation made thereunder, the learned Judge took cognizance of the offence and issued process against the aforesaid three persons. The learned Judge in taking cognizance of