VAGHJI NANJI Vs. STATE

JUDGEMENT

(1.) THE appellant has preferred this appeal against his conviction by the Special Judge, Central Saurashtra Division, of offences punishable Under Sections 409 and 477a, IPC and Under Section 5 (2) Prevention of Corruption Act, 1947. He has been sentenced to nine months' rigorous imprisonment for the offence Under Section 5 (2), Prevention of Corruption Act, and to the same term of imprisonment for the offence Under Section 477a, IPC and the sentences are ordered to run concurrently, but no separate sentence was passed under a. 409, IPC

(2.) THE appellant was the Talati of Waghapar group of villages under the Morvi sub-division. He was tried for committing criminal breach of trust in respect of an aggregate amount of Rs. 495-10-0 made up of several sums misappropriated between 1-5-50 and 30-4-51. It is held that with a view to misappropriate this amount lie had 5 erased several entries in the formel. The learned Special Judge found him guilty and the present appeal is against that order. The findings of facts by the learned Special Judge are not challenged before us in this appeal1 and the appellant's learned Advocate argued the appeal on points of law only.

(3.) THE conviction was challenged en behalf of the appellant on two grounds, namely, that the investigation into the offence was made by the Sub-Inspector without an order of the Magistrate in contravention of Section 5 (4), Prevention of Corruption Act and this irregularity vitiated the entire proceedings and consequently the appellant's conviction could not be sustained. The second objection was that the trial was vitiated by misjoinder of charges.