An accused is entitled to cross-examine a prosecution witness afresh if the witness makes a further statement of facts prejudicial to him, even if he has already exercised his right of cross-examination after the charge.

Judgment

DAS GUPTA, J. : The appellant, formerly a senior Inspector of Co-operative Societies in Madras was tried along with one K. M. Kumaraswami on a charge under S. 120B read with S. 409 I. P. C. and S. 477- A I. P. C., and for a specific offence under S. 409 I. P. C. The appellant was convicted by the Magistrate of the offence of conspiracy under S. 120B read with S. 409 and S. 477- A I. P. C. and acquitted of all the other charges. Kumaraswami was convicted on the conspiracy charge and also for an offence under S. 409 I. P. C. On appeal the Sessions Judge, Chingleput set aside the conviction of Kumaraswami under S. 409 I. P. C., but confirmed the conviction of both the accused on the conspiracy charge i.e., under S. 120B read with S. 409 and S. 477 - A I. P. C. The Sessions Judge also confirmed the conviction and sentence on both the accused on the conspiracy charge. The two accused persons then moved the High Court of Judicature at Madras under S. 439 Cr. P. C. The High Court having refused to interfere with the Sessions Judge s orders, Muniappan has preferred this appeal against the order of the High Court after obtaining special leave from this Court.

2. The appellant who as already stated was a senior Inspector of Co-operative Societies was appointed by the Registrar of the Cooperative Societies as Special Officer to manage the affairs of the Thirunagewaram Weavers Cooperative Society which had been superseded under his order. The appellant took charge of his office on May 8, 1950, after the appeal against the order of supersession was dismissed. When the appellant took charge of the Society the outstanding dues of the Society from the different merchants to whom goods had been sold on credit was Rs. 9326-13-3. One of the main tasks of the appellant was therefore to arrange about the speedy collection of as much of these dues as was practicable. Soon after the appellant took charge as Special Officer he appointed the other accused Kumaraswami who had formerly been employed under the Society but whose services had been dispensed with as designer and appraiser.

3. Some time thereafter Kumarswami was asked to collect the Society s dues and was later appointed as Cashier of the Society. The prosecution case stated briefly is that the appellant and Kumaraswami entered into a conspiracy to misappropriate amounts that would be collected by Kumaraswami and to falsify the accounts. The modus operandi agreed upon was that Kumaraswami would not bring into the books a part of the money collected, that the appellant would refrain from taking any action in the matter and that the amount thus kept out of the books would be divided between them.

4. That large sums of money collected by Kumaraswami were not brought into account and were not credited to the Society s fund is not disputed. Kumaraswami s defence at the trial was that all monies collected by him were handed over by him to this appellant. The appellant s defence was that the amounts collected by Kumaraswami and not brought into the books were misappropriated by the latter and he, the appellant, was never informed of these collections.

5. The principal question is controversy therefore was whether the appellant was aware of these collections by the second accused and of the fact that these were not being entered into the books or otherwise credited to the Society s accounts and with such knowledge he refrained from taking any action in the matter. The Trial Court as also the Sessions Judge came to the conclusion that the appellant had such knowledge and in spite of that knowledge he refrained from taking any action. It was on these conclusions on facts that they based the conviction of both the accused on the conspiracy charge-S. 120B read with S. 477 - A I. P.C. and S. 409 I. P. C. In dealing with the revision application the High Court considered these questions of fact again and held that the conclusion reached by the Magistrate and affirmed by the Sessions Judge was correct