Judgement

BOSE J. : These two appeals arise out of the same trial. The two appellants, Shreekantiah (accused 1 in the trial Court and the appellant in Appeal No. 89 of 1954) and Parasuram (accused 2 and the appellant in Appeal No. 90 of 1954) were tried with a third accused Dawson on a number of different charges centring round S. 409, Indian Penal Code: criminal breach of trust by a public servant. The trial was by jury and all three were found guilty of an offence under S. 409 read with S. 34. They were convicted and sentenced as under:

Accused No. 1. Shreekantiah to one year and a fine of Rs. 500 with four months in default;

Accused No. 2. Parasuram to two years and a fine of Rs. 500 with six months in default; and

Accused No. 3. Dawson to six months and a fine of Rs. 200 with two months in default.

2. The appeal of accused 2 to the High Court was dismissed summarily on 25-8-1953 with the one word "dismissed". Accused 1 and 3 appealed separately. Their appeal was heard by another Bench and was admitted, and a reasoned judgment followed on 23-11-l953. This, to say the least, was, in the circumstances of this case, anomalous. The appeals arise out of the same trial and are from one ju