Judgment

DUA, J. : The four appellant in these three appeals by special leave were tried in the Court of the Special Judge for Greater Bombay on a charge of conspiracy punishable under S. 120-B, I. P. C. Accused No. 1 (Shiv Kumar Lokumal Bhatia) was a godown clerk; accused No. 2 (Hargun Sunderdas Godeja) was the Senior Godown Keeper and accused no. 3 (Hundraj Harchomal Mangtani) was the Godown Superintendent at the General Motors Godown at T-Shed, Sewri, Bombay, belonging to the Food Dept. of the Government of India, Accused No. 4 (Shankar Maruthi Phadtove) was a driver of Truck No. 2411. The allegation against them was that all these accused during the month of July, 1963 were parties to criminal conspiracy to commit criminal breach of trust in respect of 1060 bags of red wheat which were released from the ship S. S. Hudson on July 7, 1963 at Bombay for storing them in the G-M. 2 Godown at Sewri. In pursuance of this conspiracy, it was alleged they had dishonestly and fraudulently misappropriated or converted to their own use 80 bags of red wheat out of 1060 bags released from the ship. Accused Nos. 1, 2 and 3 were also charged under Section 409 read with Section 34, I. P. C. Secti