KEDAR NATH BAJORIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two are appeals by special leave. The two appellants hearing along with two others were put up for trial before the Special Judge of the Special Court (Alipur), Calcutta, in respect of three charges, the first against all the four accused in respect of an offence under section 120-B of the Indian Penal Code read with section 420, I. P. C. and section 5 (2) of the Prevention of Corruption Act, 1947, the second as against Kedar Nath Bajoria, appellant in Cr. A. 84 of 1952 and his son Madan Lal Bajoria, in respect of an offence under section 420 of the Indian Penal Code, and the third against Hari Ram Vaid, appellant in Cr. A. 85 of 1952, and his assistant, Inder Said Bakshi, in respect of an offence under section 5(2) read with clause (1) (d) of the Prevention of Corruption Act, 1947.

(2.) The appellant, Kedar Nath Bajoria and his son Madna Lal Bajoria were the owners of the firm, Kedar Nath Mohanlal. The firm was the Managing Agent of Shiva Jute Press Ltd., Cossipore, Calcutta. A number of godowns belonging to the Shiv Jute Press were requisitioned by the Government on various dates between March and November 1943 for military purposes. These included the roofs of godowns Nos. 19 and 20 (excluding the godowns underneath). The roofs formed one continuous space and were known as roof No. 20 of the Press.

(3.) In support of the prosecution case, a large volume of correspondence and other documents, have been filed and 15 witnesses have been examined. On behalf of the defence, some documents have been filed, but no witnesses has been examined. The case of the prosecution relating to cheating, criminal misconduct and criminal conspiracy, is sought to be made out not on any direct evidence but, as noticed by the High Court in its judgment, entirely from circumstances emerging out of the evidence in the case. In order to appreciate the circumstances relied on by the prosecution, it is necessary to have an idea of the evidence in its broad outlines.