STATE OF BIHAR Vs. AMULYA RATAN PATHAK

JUDGEMENT

(1.) Both the Government appeals have been heard together with the consent of the parties as common questions of fact and law are involved. This judgment will, therefore, govern both the appeals. These appeals are for setting aside the orders of acquittal passed by Shri Rash Behari Prasad Sinha, Additional Sessions Judge, Dhanbad, in Criminal Appeals Nos. 207 and 208 of 1963, reversing the findings of Shri N.N. Chakravarty, Assistant Sessions Judge, Dhanbad, in Sessions Trials Nos. 24 and 24/A of 1963, who convicted the respondent of the offence under Section 409 of the Indian Penal Code in both the cases.

(2.) Respondent Amulya Ratan Pathak was the Secretary of Radha Nagar Multipurpose Co-operative Society (hereinafter referred to as the Co-operative Society), a Society registered under the Bihar and Orissa Co-operative Societies Act, 1935, during the years 1958-62 and co-accused Dhirendra Nath Chatterjee was its President. The allegation against respondent Amulya Ratan Pathak and co-accused Dhirendra Nath Chatterjee was of having committed criminal breach of trust in respect of a sum of Rs. 810.85 P. collected from loanees as agents of the Central Co-operative Bank between 13-3-59 to 26-3-60. Both were put on trial by a common commitment order dated the 1st May, 1963, under section 409 of the Indian Penal Code. The learned Assistant Sessions Judge at the trial by the order dated 19th September, 1963, split up the trial on the ground that one charge of embezzlement could not embrace a period exceeding one year. Accordingly, one trial (Sessions Trial No. 24 of 1963) for criminal breach of trust in respect of a sum of Rs. 729.96 paise, committed during the period 13th March, 1959 to the 28th December, 1959, and another trial (Sessions Trial No. 24A of 1963) with regard to the remaining period, i. e. from the 20th March, 1960. to the 31st March, 1960, in respect of a sum of Rs. 73.35 Paise, were started. In both the sessions trials, the learned Assistant Sessions Judge, by separate judgments, convicted respondent Amulya Ratan Pathak under Section 409 of the Indian Penal Code and in sessions trial No. 24A of 1963, sentenced him to undergo rigorous imprisonment for six months and a fine of Rs. 50/-, in default to suffer rigorous imprisonment for a further period of one month; and in sessions trial No. 24 of 3963, sentenced him to undergo rigorous imprisonment for two years and a fine of Rs. 700/- and in default to rigorous imprisonment for a further period of six months. The learned Assistant Sessions Judge acquitted the co-accused Dhirendra Nath Chatterjee in both the sessions trials.

(3.) Respondent Amulya Ratan Pathak filed two criminal appeals before the Sessions Judge, Dhanbad against his conviction in both the sessions trials. The appeal arising out of sessions trial No. 24 of 63 was numbered as Criminal Appeal 207 of 63, while the appeal filed from Sessions Trial No. 24A of 63 was numbered as Criminal Appeal 208 of 63. Both the appeals were heard by the Additional Sessions Judge, Dhanbad, who allowed both the appeals by his judgments dated the 25th of September, 1965, acquitted respondent Amulya Ratan Pathak and set aside the convictions and sentences under Section 409 of the Indian Penal Code passed against him in both the sessions trials. It is against these two orders of acquittal that the State of Bihar has filed both the present Government appeals. Government Appeal No. 1 of 66 arises out of an order of acquittal in Criminal Appeal No. 208 of 63 which arose out of Sessions Trial No. 24A of 63 while Government Appeal No. 2 of 66 arises out of an order of acquittal in Criminal Appeal No. 207 of 66 which arose out of Sessions Trial No. 24 of 63.