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