SHUKLA LABHSHANKER MAGANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals by special leave are directed against the judgment of the High court of Gujarat in Criminal Appeals Nos. 16 and 17 of 1965. Criminal Appeal No. 16 arose out of Sessions Case No. 27 of 1964, wherein the appellant was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000. 00, or, in default, undergo further rigorous imprisonment for six months, for breach of trust committed in respect of a sum of Rs. 8,000. 00. In Criminal Appeal No. 17 which arose out of Sessions Case No. 32 of 1964 the appellant was convicted and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000. 00, or, in default, to suffer further rigorous imprisonment for six months, under section 406, 1. P. C. The main judgment of the High court is in Criminal appeal No. 17 of 1965 and the reasons for dismissing both the appeals are in that judgment. We also propose to dispose of both the appeals by this judgment.

(2.) The relevant facts for the determination of the points raised by the learned counsel for the appellant, Mr. Chari, are as follows : On 2/07/1954, the Zund Co-operative Agriculture Multi-purpose Society Unlimited, hereinafter referred to as the Society was registered under the Co-operative Societies Act in Halvad Taluka, District Surendranagar of the then State of Saurashtra. At the relevant time accused No. 1, Mistry Kanji Keshavji was part-time secretary of the Society on a salary of Rs. 35. 00 per mensem, and one Koli tapu Chaggan was its Chairman. The appellant accused No. 2 was a social worker and was a member of the Legislative Assembly during the relevant time. He was also the President of the Halvad Taluka Congress Committee. Accused No. 3, K. P. Dave and accused No. 4, G. P. Dave, are brothers. They were not accused in Sessions Case No. 27 of 1964. While accused No. 4 was a partner in one firm, Kumar and Co. , which was carrying on the work of building construction, accused No. 3 was looking after the work of that firm on behalf of his brother, accused No. 4. The Society had no office premises of its own and the records of the Society were kept in the house of its President, Koli Tapu Chaggan, who died in 1961.

(3.) The State of Saurashtra had set up a Backward Classes Board at rajkot and the Board undertook various schemes for the rehabilitation of various backward classes. We are concerned with two schemes of rehabilitation, one of, the Kolis and the other of Vedva Vaghris. It appears that the board decided to implement the schemes through the Society.