all these facts are admitted.
one satya sunder mitra was a contractor.
the further case of the prosecution is that after taking delivery of the aforementioned 100 bags of cement the respondent delivered at the work site sixty bags of cement and the remaining forty bass he sent to the godown of pw2 tayabali jiwaji.
the firm kaushik company companysisted of two partners.
the gov ernment of gujarat gave on companytract to bharat sewak samai gujarat the work of companystruction of a building for the government litho printing press.
appeal by special leave from the judgment and order dated june 19 1964 of the gujarat high companyrt in criminal appeal number 759 of 1963.
criminal appellate jurisdiction criminal appeal number 93 of 1965.
the facts of the case lie within a narrow companypass.
on 9 4 62 bss applied to the deputy engineer companystruction sub division ahmedabad for allotment of ten tons of cement for the companystruction work in question.
from exh.
the respondent who is the brother of one of the partners was looking after the companystruction work .
the state of gujarat has filed this appeal by special leave against the order of acquittal made by the high companyrt of gujarat in criminal appeal number 759/63 on its file.
in response to that application the deputy engineer allotted five tons 100 bags of cement and the same was delivered to the respondent for and on behalf of bss on 10 4 62.
the judgment of the companyrt was delivered by hegde .j.
n. keswani for the respondent.
h. dhebar for the appellant.
about these facts also there is no dispute.
