SUDHIR KUMAR DUTT Vs. KING

JUDGEMENT

(1.) These are appeals under Section 205(1) of the Government of India Act by three persons who along with one Captain Mathams were tried by a Special Tribunal constituted under Ordinance XXIX of 1943 on a number of charges which have been summarised in the judgment under appeal as follows : (a) Against all: that they were parties to a criminal conspiracy to cheat the Government of India (s. 120B read with Section 420 of the Indian Penal Code, 1860). (b) Against S.K. Dutt (appellant No. 1) and J.K. Bose (appellant No. 2): that they had attempted to cheat the Government of India; and against R.W. Mathams and P.C. Ghosh (appellant No. 3): that they had abetted S.K. Dutt and J.K. Bose ( Section 420 read with Section 511 of the Code); (c) Against R.W. Mathams and P.C. Ghosh: that they had accepted bribes of Rs. 18,000 and Rs. 12,000 respectively; and against S.K. Dutt and J.K. Bose : that they had paid these bribes ( Section 420 read with Section 109 and Section 161 and 101/109 of the Code).

(2.) The Tribunal acquitted all the accused persons of the charges of conspiracy and. the charges of attempting to cheat and abetment. They, however, convicted Mathams and P.C. Ghosh of bribery and S.K. Dutt and J.K. Bose of having given bribes of Rs. 18,000 and Rs. 12,000 to Mathams and Ghosh respectively and sentenced them to various terms of imprisonment ranging from three years to 18 months and payment of certain fines.

(3.) Thereafter the appellants as well as Mathams appealed to the High Court against their conviction and sentence on the charges relating to bribery and the Government appealed against the order of acquittal by the Tribunal on the charge of conspiracy. The Pligh Court dismissed the appellants appeals but allowed the Government appeal and convicted the appellants as well as Mathams under Section 120B read with Section 420 and sentenced them to the same terms of imprisonment as had been awarded by the Tribunal, but made the two sentences concurrent. The High Court, however, granted a certificate under Section 205(1) of the Government of India Act. The appellants have thereupon appealed to this Court.