2 by paying to the respective members of Class IV staff lesser amounts than those to which they were entitled and by making entries in the pay sheets which purported to show that the due amounts had been paid to them.
In accordance with this companyspiracy payment was made on March 11, 1948, in a running train between Faizabad and Chilbila and the entries in the pay sheets show that the whole of the amount of Rs.
Both the appellants denied the charges.
They were advised to present their grievance in writing and as a result some of the employees did present applications in writing companyplaining that they had number received the due payment of their arrears.
5, 10 and 11, which would clearly show that the appellants had companymitted the offences charged against them.
16,591 had been paid to 216 employees.
Appellant No.
2 by the railway department to be disbursed among Class IV staff working under appellant No.
The entries also show that the payment had been made by appellant No.
They pleaded that they had number entered into any companyspiracy and it was their suggestion that they had been falsely implicated in the present case.
According to the prosecution both the appellants had entered into a criminal companyspiracy to misappropriate a part of the said government amount entrusted to appellant No.
This payment had to be made in the presence of, and was to be attested by, appellant No.
1 pleaded that the case against him had been started, and false evidence had been secured by H. N. Das with the aid of Shambu because relations between him and Das were number friendly.
16,685 was entrusted to appellant No.
In this manner the two appellants had misappropriated the sum of about Rs.
There representations led to an enquiry and Mr. Dalip Singh in fact recorded some of the statements on April 6 and 7, 1948.
