Judgment

B. K. MUKHERJEA J.: This appeal, which has come before us on special leave, is directed against a Judgment of the High court of Travancore-Cochin dated July 16, 1951 passed in Criminal Appeal No.194 of 1950, by which the learned Judges set aside an order of acquittal made in favour of the appellant by the Special Magistrate, Trichur, in C.C.No.1 of l125 M.E. and converting it into one of conviction under S. 389, Cochin Penal Code (corresponding to S. 409, Indian Penal Code ) sentenced him to undergo rigorous imprisonment for a period of one year and pay a fine of Rs. 1,000; in default of payment of fine, he was to suffer rigorous imprisonment for a further term of four months.

2. It may be mentioned here that the appellant, who has been described as accused No. 1 in the judgments of both the courts below, was tried along with two other persons as his co-accused by the Special Magistrate of Trichur, who made an order of acquittal in favour of all of them. The State Government preferred an appeal to the High Court challenging the property of the entire order . The High Court dismissed the appeal so far as it related to accused Nos. 2 and 3 and reversed the judgment of the orig