GOPAL KRISHAN MAJUMDAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an application in revision on behalf of Gopal Krishna Majumdar and Govinda Chandra Majumdar sons of late Abinash Chandra Majumdar against an order dated 18 -2 -1955 passed by the learned Sessions Judge, Tripura in criminal appeal No. 16 of 1954 dismissing the appeal and upholding die conviction of the petitioners Under Section 406, I. P, C, as also the sentence of 1 year's R. I. and a fine of Rs. 200/ - each and in default to undergo further R. I. for 3 months.

(2.) IT appears from the record that die present petitioners are the sole proprietors of Dighaiia rice and oil mill and in February, 1950 the mills had entered into an agreement with the Procurement department of the Government of Tripura that they would supply 25,1/2 seers of rice for every maund of paddy supplied ad their milling charges per maund would be Re. 1/2/ -. Under this contract 919 maunds of paddy in 614 gunny bags were supplied to the accused petitioners on 3 dates viz., 2 -2 -50, 4 -2 -50 and 5 -2 -50 by means of the receipts Exs. 9, 10 and 11.

(3.) SOME irregularities are also stated to have been committed during the course of the trial and it is urged that the present petitioners have been gravely prejudiced thereby. It has been urged that the charge framed did not specify the time nor the manner in which misappropriation was stated to have taken place and so the petitioners were prejudiced in their defence.