Judgment

BHAGWATI, J.: The Appellant No. 1 was the Minister of Industries and the Appellant No. 2 was the Secretary to the Government in the Commerce and Industries Department of the State of Vindhya Pradesh. The Appellant No. 1 was charged with having committed offences under Ss. 120-B, 161, 465 and 466 of the Indian Penal Code and the Appellant No. 2 under Ss. 120-B and 161 of the Indian Penal Code as adopted by the Vindhya Pradesh Ordinance No. 48 of 1949. They were tried in the Court of the Special Judge at Rewa under the Vindhya Pradesh Criminal Law Amendment (Special Courts) Ordinance No. I.VI of 1949 and the special Judge acquitted both of them.

The State of Vindhya Pradesh took an appeal to the Court of the Judicial Commissioner, Rewa. The Judicial Commissioner reversed the order of acquittal passed by the Special Judge and convicted both the Appellants of the several offences with which they were charged. The Judicial Commissioner awarded to the Appellant No. 1 a sentence of 3 years rigorous imprisonment and a fine of Rs. 2000/- in default rigorous imprisonment of 9 months under S. 120-B, Penal Code and a sentence of three years rigorous imprisonment under S. 161, Penal Co