JUDGMENT

ROY, J.:- There were six appellants in this case. Three of them were officers of the government of the State of Bihar and others were contractors. All these persons are alleged to have entered into a criminal conspiracy for committing the offences of criminal breach of trust and cheating in respect of large amounts of Government money earmarked for a Project known as "Mahuadar Development Block Pilot Project". The Project was for the welfare of the scheduled tribes under a scheme sponsored by the Government of India for a period ending with 1960-61.

2. Mahuadar Block is in Latehar Sub-Division of the District of Palamau. The offences are stated to have taken place between February 1957 and March 1958. Among the accused persons Narendra Kumar Banerjee (also referred to as N. K. Banerjee), was the appellant Criminal Appeal No. 116 of 1967. He was the Additional Collector of Palamau from November 23, 1956 to September 30, 1957. He then proceeded on leave preparatory to retirement. The appellant in Criminal Appeal No. 118 of 1967 was Barneshwar Prasad Sinha alias Lallan. He was the Development Head Clerk in the Deputy Commissioner s office at Daltonganj during the relevant perio