V.P. Mathur, J.

1. These three appeals arise out of the judgment and order passed by Mr. J. V. N. Jaiswal, the then Additional Sessions Judge, Saharanpur, on 31-8-1979. The learned Judge convicted Chandrabhan, Ramnath, Sureshpal and Jai Prakash Khanna, under Sections 161 and 120-B, IPC and Section 5 (2) of the Prevention of Corruption Act. He sentenced them on the first count to two years' rigorous imprisonment and a fine of Rs. 500/- each, and in default to undergo 3 months' rigorous imprisonment. On the second and third counts also they have been found guilty and each one of them has been convicted and awarded sentences of two years rigorous imprisonment under each count. All the sentences were, however, made to run concurrently.

2. The appeal filed by Chandrabhan was numbered as criminal appeal no. 2782 of 1979. It appears that Chandra Bhan died during the pendency of the appeal and, therefore, the proceedings have abated. The remaining three appeals were taken up together and arguments of the learned counsel in all were heard and this judgment shall govern all of them.

The charge sheet was submitted only against Chandra Bhan to stand trial under Sec. 161 IPC and Sec. 5