KEDARNATH Vs. STATE

JUDGEMENT

(1.) This is a revision by one Kedar Nath against his conviction under Section 409, I. P. C. and sentence of three years' rigorous imprisonment.

(2.) In the district of Deoria there is a Co operative Federation at a place known as Bodarwar. In the beginning of the year 1958 the Federation resolved to run a brick-kiln and by resolution No. 3 dated 13-1-1958 the Federation resolved inter alia that a Manager and a Chaukidar be engaged for running the brick-kiln (Vide page 24 of the Minute Book Ex. VIII). On 23-1-1958 by resolution No. 4 (Ex.Ka.16) the Federation decided to appoint Kedar Nath, the applicant, as Manager on a monthly salary of Rs. 55/-. The Federation held a meeting on 1-3-1958 in which it appointed a committee for the supervision of the brick-kiln by resolution No. 5-B. This committee consisted of several gentlemen other than the applicant, the Manager. This resolution also stated that the entire responsibility in respect of the brick-kiln shall be of the Manager as well as of the Managing Committee. The applicant admittedly worked as the Manager of the brick-kiln,

(3.) It appears that after sometime the applicant was suspended from the office of the Manager as certain complaints were received by the Federation and the Federation wanted to on enquire into them. Resolution No. 3 of the meeting of the Federation held on 17-7-1959 states that after investigation Sri Kedar Nath has been found innocent of the charges and that he is reinstated to the post of the Manager of the brick-kiln. On 18-5-1959 in reply to the applicant's letter of the same date, a letter was served on the applicant (Ex.Ka-17) informing him that the entire responsibility of running the brick-kiln has been placed on him as Manager. On 23-5-1959 the Federation, by a resolution, increased the salary of the applicant to Rs. 65/- per month with effect from May 1959. The same day by another resolution it resolved that the supervision of the brick-kiln shall be the responsibility of the President and the Secretary of the Federation, but subject to that, in all matters complete responsibility shall be of the Manager (Vide Ex.Ka 18).