GOPAL KHAITAN Vs. KING

JUDGEMENT

(1.) The appellant was convicted of an offence of criminal breach of trust and was sentenced to one year's rigorous imprisonment and a fine of Bs. 0,000. He was also convicted of an offence Under Section 81 (4), Defence of India Bales and was sentenced to one year's rigorous imprisonment and a fine of us. 26,000. The sentences of imprisonment were made to run concurrently.

(2.) The appellant together with B, h. Bhartia and Maniklal Pal were tried by an Additional Sessions Judge sitting with a jury upon a number of charges. All throe accused were charged with conspiracy to commit fraudulent breach of trust and offences under Rule, 81 (4), Defence of India Rules, The appellant was also charged on three counts Under Section 406, Penal Code, and on two counts under e. 81 U), Defence of India Rules. B. L, Bhartia and Maniklal Pal were charged' on three counts for aiding and abetting offences Under Section 406, Penal Code. They were also charged upon two counts with offences under Rule 121, Defence of India Rules.

(3.) The jury returned a verdict of not guilty in the case of B. L, Bhartia and Maniklal Pal-in respect of all charges made against them. The learned Additional Sessions Judge accepted this verdict and acquitted them of all charges. The appellant was found not guilty of conspiracy and also not guilty upon two counts Under Section 406, Penal Code, and on one count under B, 81 U), Defence of India Rules. He was however found guilty on one count Under Section 406, Penal Code, and on one count under Rule 81 (4), Defence of India Rules. The learned Judge accepted this verdict, convicted the appellant Under Section 406, Penal Code and Section 81 (4), Defence of India Rules and sentenced him as I have already indicated.