6, 7, 8, and 15 and other, under receipts 6 Ext.
3/5 issued by you on behalf of the said LIC in respect of the Policies of those policy holders, companymitted Criminal breach of trust in respect of such premiums by making false adjustments of receipt of such amounts through the Bank in 10 L9554 Sup CI/4 Pakistan in relevant books Exts.
No other charge was framed.
The Special Court had formulated two point for determination as follows 1 whether the accused was the Superintendent of Pakistan Section Pak Unit of Hindustan Cooperative Life Insurance Society between 12th May 1958 and 7th of May 1959?
From the Judgment and Order dated the 19th February, 1970 of the Calcutta High Court in Govt.
3 series other than Ex.
The Special Court recorded findings of fact on the strength of the admitted position that the respondent was serving as a Superintendent of the Pak Section of the Hindustan Cooperative Life Insurance Society which was a unit of the Life Insurance Corporation Calcutta during the period to which the charge, relates, and of receipts given by the respondent himself for monies paid to him in Calcutta companypled with entries in the premium register folio in the handwriting of the respondent, falsely showing that the amounts realised by the respondent had number been paid by the policy holders so that their names appeared in the Demand List.
7 of 1964.
189 of 1970.
CRIMINAL APPELLATE JURISDICTION.
The Special Court framed the following charge against the respondent That you, between 12th May, 1958 and 7th May, 1959 Hindustan Building Calcutta, being a Pub.
Appeal No.
companylected by you directed from these policyholders or their representatives viz.
Criminal appeal No.
5, 8, and 9 series and thereby companymitted an offence punishable under section 409 of the Indian Penal Code, and within the jurisdiction of this Court.
Hardayal Hardy and Sukumar Ghose for the Respondent.
K. Chatterjee and G. S. Chatterjee, for the Appellant.
The Respondent was tried by a Special Court companystituted under the West Bengal Criminal Law Amendment Special Courts Act XXI of Hereinafter referred to as the Act , which empowers the Special Court, set up under it.
The Judgment of the Court was delivered by BEG, J. This is an appeal on a certificate of fitness of the case for appeal to this Court granted by the Calcutta High Court under Article 134 1 c of the Constitution of India.
