Judgement

GOVINDA MENON, J.- Though these three appeals have been filed against the decisions of different courts and are not connected either as regards community of purpose or the identity of the accused, they have been heard together, because the points of law raised in thorn are identical and the arguments of counsel have proceeded on common lines. Hence a common judgment dealing with the legal aspect would be apt in the circumstances.

2. Criminal Appeal No. 42 of 1954 has been preferred by Om Prakash Gupta against the dismissal of his Revision Petition by the High Court of Allahabad, thereby affirming the appellate decision of the Sessions Judge of Kumaun who in his turn maintained the sentence of rigorous imprisonment for one year and a fine of Rs. 500 passed on the appellant by the Special 1st Class Magistrate of Nainital on 30- 4-1953, under s. 409, Penal Code. This appellant was a clerk in the Electric Department of Haldwani Municipal Board and the charge against him was that he received three sums of money:

Rs. 242-5-9 (Ex.p. 14) on 28-7-1951,

Rs. 70 (Ex.p. 17) on 19-10-1951,

Rs. 135 (Ex.p. 13) on 23-10-1951

aggregating to Rs. 447-5-9 and misappropriated the whole amount,