K J THAKER, J. - (1.)THE present appellants have preferred these appeals under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated passed by the learned Addl. Sessions Judge, Court NO. 3, Ahmedabad in Special Case No. 22 of 1990, whereby, the learned Judge has convicted the appellants under sec. 13(1)(d) of the Prevention of Corruption Act and sentenced to undergo one year R/I and to pay a fine of Rs. 250/ -each, in default, to undergo further R/I for ten days. The appellants are also convicted under sec. 409 of IPC and sentenced to undergo R/I for a period of one year and to pay a fine of Rs.250/ -each, in default, to undergo further R/I for ten days, which is impugned in these appeals.
(2.)THE brief facts of the prosecution case is as under:
2.1 It is the case of the prosecution that accused no. 1, 2 and 3 were serving as public servants in different capacity with telephone exchange at Ahmedabad, and accused no. 4,5 and 6 were private persons engaged in their different business. It is alleged that accused no. 1 was serving in the capacity of Sub Inspector and accused no. 3 was serving as regular employee with the telephone department. It is further alleged that the work of laying down the cable was going on under the observation of the officers of the telephone exchange and accused no. 1, 2 and 3 were entrusted with the said work. It has come to the notice of the department that 54 meters of the cable was not laid down in the earth however, it was shown to have been laid down as such it is the allegation that 54 meters cable has been sold out in the market. It is alleged that in the presence of accused no. 2 pieces have been made of 54 meters cable and the outer layer of the said cable wire has been removed. It is also alleged that thereafter accused nos. 1 and 2 had went to the shop of accused no. 5 and from there accused no. 1 and 2 had been taken to the site of accused no. 4 by his servant Manu Bheruji Kalhar. Thereafter, accused no. 1 and 2 had sold the said cable to accused no. 4 at his shop and had obtained an amount of Rs. 1380/ -. Thus, accused no. 4 had joined hands with accused no. 1,2 and 3 and with the help of accused no. 5 and 6 who have also purchased the said cable as such a conspiracy has been hedged by all of the accused. The matter was brought to the notice of CBI. The complaint was lodged and investigation had started.

(3.)THE accused came to be charge -sheeted, as stated above, for the alleged offence punishable under section 409 read with sec. 120B of IPC and under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, which was numbered as Special Case No. 22 of 1990.
The accused was charged vide at Ex. 20. The appellants accused pleaded not guilty and claimed to be tried.