JUDGMENT

CHANDRACHUD, J.:—On May 5, 1962 the Chief Auditor; Co-operative Societies, Delhi wrote a letter to the Superintendent of Police, C. I. D., Delhi complaining that the appellant Jagan Nath who was the President of the Bijwasan Khas Co-operative Thrift and Credit Society Ltd., and certain other office-bearers of the Society had misappropriated the stock and cash belonging to the Society. ASI Hukam Chand investigated into the complaint and eventually a case was registered against the appellant and the others under Section 408 of the Penal Code.

2. The learned Additional Sessions Judge, Delhi held all the accused guilty under Section 120-B and under Sections 408 and 466 read with Section 120-B of the Penal Code. All the accused were sentenced by the learned Judge to an effective term of three years rigorous 1133 imprisonment and fine. The order of conviction and sentence was confirmed in appeal by a learned single Judge of the High Court of Delhi.

3. A petition for special leave was filed by the accused in this Court but it was dismissed on July 21, 1971 except in regard to the appellant who was granted special leave to appeal from the judgment of the High Court.

4. The High Cour