DAINS RAM Vs. STATE

JUDGEMENT

(1.) This is an appln. Under Section 439 & 561A, Cr. P. C., by Dains Ram and six others, who are being tried before a learned first class Mag. of Theog for an offence punishable Under Section 408, I. P. C., & the abetment thereof.

(2.) The total amount in respect of which criminal breach of trust is alleged to have been committed is Rs. 19,444-3 0. The first two accused, Daina Ram & Bati Bam, have been charged as principal offenders in respect of the entire amount, while the third & fourth accused, Thenka Ram & Kalia, have been charged with abetment to the extent of Rs. 9, 801-13 0 & the remaining accused " Sita Ram, Karmu & Puria with abetment to the extent of Rs. 9,642-6 0 The trial is at the stage of charges having been framed after taking all the evidence mentioned in the charge-sheet & the examination of the accused, but the prosecution witnesses have not yet been cross-examined further, & the accused have not yet been called upon to enter on their defence & produce their evidence.

(3.) The appcts. have already been before the Ses. J. in revn. but unsuccessfully. Their prayer before me is that the charges be quashed & all the accused discharged.