Judgement

SINHA, J. : The main question canvassed in this appeal by special leave is whether the ruling of this Court in the case of Topan Das v. State of Bombay, 1956 S. C. 33, governs this case also, in a view of the fact that the appellant is the only person out of the accused persons placed on trial, who has been convicted for the offence of conspiracy under S. 120-B, I. P. C. The point arises in the following way :

2. The appellant and four others were placed on their trial before the Assistant Sessions Judge of Sambalpur for offences under Ss. 120-B, 409, 477-A and 109, Penal Code with having committed the offences of criminal conspiracy, criminal breach of trust in respect of Government property and falsification of accounts with a view to defraud the Government.

The appellant was the District Food Production Officer at Sambalpur and the other four accused persons were agricultural sub-overseers in charge of their respective areas under the appellant. Another such agricultural sub-overseer was Pitabas Sahu at Bargarh centre. He was examined at the trial as P. W. 25 and shall hereinafter be referred to as the approver.

The prosecution case is that in furtherance of the Grow More