Judgment

FAZAL ALI, J.:- This appeal is directed against the judgment dated 30th August, 1976 of the High Court of Orissa by which the High Court has upheld the order of the Special Judge, Puri discharging respondents Nos. 1 and 2.

2. The facts of the case lie within a narrow compass and centre round an alleged conspiracy said to have been entered into between respondents Nos. 1 and 2 in order to commit offences under Sections 5 (2) and 5 (1) (d) of the Prevention of Corruption Act (hereinafter referred to as the Act) read with Section 120-B, I.P.C. The main charge against the respondents was that between 19-2-1972 to 30-3-1972 the respondents entered into an agreement for the purpose of obtaining pecuniary advantage for respondent No. 1 P. K. Samal and in pursuance of the said conspiracy the second respondent Debi Prasad Jena, who was the Land Acquisition Officer aided and abetted the first respondent in getting a huge sum of money for a land acquired by the Government which in fact belonged to the Government itself and respondent No. 1 was a lessee thereof. It is averred in the charge-sheet that respondent No. 1 by abusing his official position concealed the fact that the land whic