Judgment

P. B. GAJENDRAGADKAR J.: These three appeals have been filed with certificates granted by the High Court of Punjab under Art. 134(l)(c) of the Constitution and they arise from three criminal cases filed against the appellant. The appellant Gopi Chand was the chief cashier, and Hukam Chand was an assistant cashier, in the United Commercial Bank Ltd., New Delhi. They were charged with the commission of offences under S. 409 in three separate cases. In the first case No. 223/2 of 1949, the prosecution case was that on or about April 8, 1948, both had agreed to commit, or cause to be committed, criminal breach of trust in respect of the funds of the Bank where they were employed; and in pursuance of the said agreement they had committed criminal breach of trust in respect of the total amount of Rs. 1,65,000. They were thus charged under Ss. 408, 409 and 120B of the Indian Penal Code. The appellant was convicted of the offence under S. 409 read with S. 120 and sentenced to rigorous imprisonment for seven years. Against this order of conviction and sentence he preferred an appeal to the High Court of Punjab (No. 5-D of 1952). The High Court confirmed his conviction but altered th