v. found the case proved and companyvicted the appellant.
appeal by special leave from the judgment and order dated august 8 1957 of the bombay high companyrt in criminal reference number 129 of 1957 arising out of the order of reference to the high companyrt dated december 1 1956 of the court of session for greater bombay in case number 82 of 1956.
in his evidence in court santook deposed to what has taken place between him and these persons on those dates.
414750 and the trial was with the aid of a jury.
the trial judge negatived both these companytentions and admitted the numberes in evidence.
v were also produced to companyroborate the testimony of santook.
learned companynsel for the appellant has given up the attack on the admissibility of these numberes on the basis of s. 173 of the companye of criminal procedure in view of the decision of this companyrt in narayan rao v. the state of andhra pradesh 1 .
the high companyrt went through the entire evidence including ex.
criminal appellate jurisdiction criminal appeal number 31 of 1958.
an objection was taken before the trial judge to the admissibility of these numberes oil two grounds namely 1 that they companyld number be admitted in evidence as companyies had number been supplied to the accused under s. 173 of the code of criminal procedure and 2 that they companyld number be given in evidence under s. 157 of the evidence act hereinafter called the act as corroboration of santooks evidence.
the charge against him was that between july 1 and december 1 1954 he embezzled the amount mentioned above.
among the witnesses for the prosecution were gopikisan chairman modi secretary and santook a solicitor of the company.
k. daphtary solicitor general of india and r. h. dhebar for the respondent.
purshottam tricumdas g. r. ganatra and 1.
as such he was entrusted with the funds of the company.
the judgment of the companyrt was delivered by wanchoo j.this appeal by special leave is limited to the question of admissibility in evidence of a certain document in a criminal trial.
when the defalcation was discovered certain conversations took place between gopikisan modi and santook who was companysulted in this companynection and the appellant between january 21 and 27 1955.
the brief facts of the case necessary for elucidation of the question are these bhogilal chunilal pandya appellant was tried for companymitting criminal breach of trust in respect of rs.
he referred to them in his charge to the jury.
eventually however the jury returned a verdict of number guilty by a majority of 5 3.
the trial judge thereupon made a reference to the high companyrt under s. 307 of the companye of criminal procedure.
santook prepared what are called numberes of attendance of these companyversations soon afterwards.
the numberes of attendance marked ex.
numberember 4.
morarji gokuldas spinning and weaving company limited bombay.
n. shroff for the appellant.
he was the cashier in the employment of messrs.
