JETHSUR SURANGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) After hearing counsel for the parties, by virtue of our Order dated October 4, 1983, we had allowed the appeal and acquitted the accused-appellant. We now proceed to give the reasons for the said Order.

(2.) The appellant was convicted by the High Court under S. 408 read with S. 109, Penal Code in respect of criminal breach of trust with regard to several items which have been detailed in the judgment of the High Court. The appellant was also convicted under Sections 471 and 467 read with Section 109 of the I.P.C. Under the first count (Section 408) the appellant was sentenced to two years R. I. and a fine of Rs. 1000/-, in default of payment of fine, further six months R. I. Under the second count (Section 471) he was sentenced to imprisonment for one year. The High Court further convicted the appellant under Section 409, I. P. C. for having committed breach of trust in respect of certain oil engines and sentenced him to 3 years R. I. and a fine of Rupees 1000/-; in default of payment of fine, imprisonment for six months. Thus, the sum total of the sentences under various sections mentioned above comes to five years. but as the sentences have been made to run concurrently, the total sentences would be three years apart from the fine.

(3.) The learned Sessions Judge had acquitted the appellant holding that the charges framed against him were not proved but the High Court in an appeal by the State of Gujarat reversed the decision of the Sessions Judge and set aside the appellant's acquittal and convicted him as aforementioned.