Judgment

SUBBA RAO, J. : These two appeals - one filed by accused No. 1 by certificate and the other filed by the State of Maharashtra by special leave - against the judgment of the High Court of Bombay confirming the conviction and sentence of accused No. 1 and setting aside the conviction and sentences of accused Nos. 2 and 3.

2. The prosecution case may be briefly stated. There was a depot called the Dehu Vehicle Depot in which military stores were kept. In the year 1944 Col. Rao, the Chief Ordance Officer, was in charge of the Depot; Col. Sindhi, the Station Commandant, and Brig. Wilson, the Brigadier, Ordinance Southern Command, were his superior officers. Accused No. 1, Major Barsay, was second in command in the Depot and was in charge of stores section; he was subordinate to Col. Rao, Major Nag. another subordinate to Col. Rao was in charge of the administration of the Depot. One Capt. Pratap Singh was the Security Officer in the Depot; but, during the period in question, one Lawrence was acting as the Security Officer in place of Capt. Pratap Singh, Kochhar, accused No. 2, who was on leave from October 25, 1954, was recalled to duty by accused No. 1 and was put in charge of k