MANICK CHAND BAGRI Vs. THE STATE

JUDGEMENT

(1.) Appeals Nos. 528, 529 and 530 of 1962 arise out of the same order of conviction by a learned Presidency Magistrate, Calcutta. The Appellants were convicted under Sec. 120B/409, I.P.C, for conspiracy, while Appellant Haridas Mundra was further convicted under Sec. 409, I.P.C. and sentenced to various terms of imprisonment.

(2.) Prosecution case is as follows:

(3.) The Appellants and another G.D. Binani, since, acquitted, entered into a criminal conspiracy for committing breach of trust in respect of Rs. 18,91,025 belonging' to Osler between June 1, 1951 and June 30, 1951 and pursuant to this conspiracy, Haridas Mundra committed breach of trust of Rs. 10,00,000 on or about June 30, 1951 and thereafter criminal breach of trust of another sum of Rs. 8,91,025 on or about June 30, 1952. The total amount was, transferred without any authority or resolution from the fund of Osler to S.B.I.D., which again was transferred' to the personal account of Haridas Mundra, maintained with S.B.I.D. for purchasing 5000 shares of Brahmoputra Tea Go. Ltd., hereinafter referred to as B.T.C. B.T.C. is an English company incorporated in England. In order to get controlling interest in B.T.C. the funds of Osler were utilised for purchasing these shares. Later on, to regularize the proceedings of a meeting of the Board of Directors of Osier, purported to have been held on May 23, 1951, was interpolated in the resolution book Under the signature of M.G. Bagri as Chairman, who thereby committed forgery and the Appellants G.D. Mundra, father of Haridas Mundra and H.D. Mundra himself abetted commission of this forgery.