Judgement

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the order passed by the High Court of Madras confirming the conviction of the appellant under S. 409 of the I. P. C. and the order of sentence directing him to suffer rigorous imprisonment for four and a half years. The prosecution case was that the appellant who was accused 1 and eight other persons who were charged along with him were parties to a criminal conspiracy, the common object of which was to dishonestly misappropriate the property of the Meenangadi Producers-cum-consumers co-operative Society, Ltd., and otherwise to dispose of the said property dishonestly in violation of law. The said Society had been started for procurement and distribution of food -grains in the two amsams of Purakkadi and Muttil in Wynad Taluk and it had been granted the necessary licence under the food-grains control orders. The appellant was the President of the said Society and the either other person tried along with him were its directors. The Secretary of the Society, who was also a party to the said conspiracy and had been shown as a co-accused person in the charge-sheet, was granted pardon and he gave evidence at