P.D.KUDAL, J. - (1.) THESE two appeals are directed against the judgment of the learned Special Judge, Alwar dated 5th August, 1972.
(2.) KIRSHNA Dev, Radhey Shyam and Baldev Singh were tried for the offerees punishable under Sections 120B, 409 and 330, I.P.C. and Section 5(1)(d) of the Prevention of Corruption Act. Kirshna Dev and Baldev Singh, were acquitted of the charges framed against them Radhey Shyam was convicted for an offence under Section 409, I.P.C., and was sentenced to rigorous imprisonment for a period of six months and a fine of Rs. 500/ - and in default of payment of fine to suffer further rigorous imprisonment for three months. The State feeling aggrieved against the judgment, of the learned Special Judge, Alwar has filed D.B. Criminal Appeal No. 769 of 1972.
(3.) RADHEY Shyam feeling aggrieved against his conviction under Section 409, I.P.C. has filed S.B.Cr. Appeal No. 535 of 1972. As both these appeals arise out of the same judgment, they are being disposed of by this single judgment.;