appeal by special leave from the judgment and order dated the 3rd april 1957 of the madras high companyrt in criminal appeal number 393 of 1956 arising out of the judgment and order dated the 10th february 1956 of the companyrt of the fourth presidency magistrate g. t. madras in c. c. number 10027 of 1955.
310000 and that on that representation he had companylected one lac and fifteen thousand odd rupees from the public out of which he had spent about nineteen thousand rupees towards expenses of advertising and holding the companypetition.
tile prosecution examined a number of witnesses to prove that the appellant had been holding crossword companypetitions and a large number of persons had paid moneys by way of entry fees that the companypetition in question namely companypetition number 92 had been advertized with a guaranteed sum of rs.
but he also found that the accused had applied his own funds amounting to about a lac and a half rupees to the payment of prize moneys.
certain persons who had paid moneys in companynection with the prize competition number 92 companyplained that they had number received their prize money though it had been annumbernced that they had companypeted for the prizes offered.
2640 on the representation that the prize winners will get a sum of rs.
criminal appellate jurisdiction criminal appeal number 153 of 1957.
hence this appeal.
the learned judge allowed the appeal but did number companyvict the appellant under s. 420 indian penal companye which was the original charge against him in the trial companyrt but under s. 403 indian penal companye for misappropriation and sentenced him to the maximum period of two years rigorous imprisonment.
though p.ws.
1 to 3 and others had been declared as the first prize winners the accused had number distributed even the amount actually collected minus the expenses aforesaid that is to say rs.
the appellant used to carry on prize competitions as the proprietor of the i lotus cross words.
the government of madras appealed against the order of acquittal and the appeal was heard by a single judge of that companyrt.
96000 odd the amount of the net companylections.
1 to 3 to compete in his bumper companypetition number 92 by paying entry fees to the tune of rs.
rama reddy and t. m sen for the respondent.
the following judgment of the companyrt was delivered by sinha j. this appeal by special leave is directed against the judgment and order of a single judge of the madras high court dated april 3 1957 setting aside the order of acquittal passed by the fourth presidency magistrate at madras dated february 10 1956 on a charge under s. 420 indian penal companye.
he found that the prosecution had failed to substantiate its allegations that ninety six thousand odd rupees out of the entry fees companylected for the companypetition number 92 had been utilized by him for his own purposes and number for carrying on the companypetitions.
the police after investigation submitted a charge sheet against the accused to the effect that he had between may 20 1955 and june 10 1955 in his capacity as the proprietor of the lotus cross words dishonestly induced p.ws.
j. umrigar r. ganapathy lyer and g. gopalakrishnan for the appellant.
october 11/21.
