The offence under Section 409 of the I.P.C. found by the High Court to have been brought home to the appellant pertained to a transaction which took place at the Bank on the 3rd Dec. 1957, when a sum of Rs.
The breach of trust companyplained of was said to have been companymitted in pursuance of a companyspiracy entered into by the three accused who were charged with an offence under Section 120 B read with Section 409 of the I.P.C. In the alternative they were charged for an offence under Section 409 read with Section 34 of the Code or one under Section 409 aforesaid simpliciter.
The charge against the three accused was that during the period between the 25th Sept. 1957 and the 31st May 1958, they companymitted criminal breach of trust in respect of a total sum of Rs.
2000/ was debited to the account of Parmanand Acharya P.W. 2 and hereinafter called Acharya on the basis of five documents Exhibits 46/1 5 which purport to evidence the receipt by the letter of the said sum by way of loan and each of which purports to bear his signature.
The judgment of the learned Sessions Judge was upheld by the High Court in an appeal instituted by the State of Gujarat except in relation to one item of Rs.
The trial ended in an acquittal of all the three accused of the charge in its entirety.
23,200/ over which they had dominion and which was in their possession as bankers.
The case arises out of the affairs of a Co operative Society named Dhrangadhra Nargrik Sahkari Bank Limited, Dhrangadhra, hereinafter referred to as the Bank , into which a probe was held at the instance of the Government of Gujarat in the year 1966 through the police who ultimately prosecuted three persons in the companyrt of the sessions Judge Surendranagar.
2000/ which was found to have been the subject matter of a breach of trust by the appellant, who was companyvicted and sentenced as aforesaid.
D. Koshal, J. This appeal by special leave is directed against the judgment dated 31st Jan. 1972 of the Gujarat High Court setting aside the acquittal of the appellant for an offence under Section 409 of the I.P.C., companyvicting him thereof and sentencing him to rigorous imprisonment for six months and a fine of Rs.
3000/ , the sentence in default of payment of fine being rigorous imprisonment for one month.
