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PETITIONER: S. G ANGOLI
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH(and connected appeal)
DATE OF JUDGMENT: 14/05/1957
BENCH:
ACT: Prevention of Corruption-Railway Servant under the Government-If a Public servant under the Act-Prevention of Corruption Act, 1947 (11 Of I947), S. 2-Indian Railways Act, 1890 (9 of 1890), s. 137(4)-Indian Penal Code (45 of 1860), S. 21.
HEADNOTE: The two appellants, who were railway servants under the Government, were put up on trial under S. 120B of the Indian Penal Code and s. 5(2) read with s. 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947. The Sessions judge who tried the case found, in agreement with the unanimous opinion of the assessors, the appellants guilty and sentenced appellant No. i to rigorous imprisonment for three years and appellant No. 2 to rigorous imprisonment for two years. The High Court on appeal affirmed the order of conviction and sentences passed on the appellants. It was contended on behalf of the appellants in this court that the order of conviction and the sentences passed on them were illegal as they were not public servants under S. 2 Of the Prevention of Corruption Act, 1947. Held, that it was apparent from the words " for any of the ...