Judgment

BEG, J. :- The respondent, Birendra Chandra chakravarty, was tried by the Additional Chief Presidency Magistrate, Calcutta, and convicted and sentenced to undergo one year s rigorous imprisonment and to pay a fine of Rs. 2,000/- and, in default of payment of fine, to a further rigorous imprisonment for six months on the following charge held to have been established against him;

"That you the said Birendra Chandra Chakraborty, alias Balak Brahmachari on or about the 29th day of February, 1958, at Calcutta, as trustee and agent of one Shrimati Saila Bala Dasi, from or on 26-11-1949 committed criminal breach of trust as such trustee and agent in respect of 3 Bighas of land out of about 5 Bighas of land situated in Village Bansdroni in the district of 24 Parganas by selling the said three bighas of land to (1) Birendra Lal Sarkar, (2) Hirendra Nath Bose, and (3) Mahindra Lal Chakraborty, trustees of the Ashoke Trust, and misappropriated the profits thereof, and thereby you the said Birendra Chandra Chakraborty, alias Balak Brahmachari, committed an offence punishable under Section 409 of the Indian Penal Code and within my cognizance."

On an appeal by the convict respondent the