Judgment

JASWANT SINGH, J.:- By his judgment and order dated Nov. 30, 1965 the Sub Divisional Magistrate, Bhubaneswar, convicted Gopinath Patra, respondent in Appeal No. 26 of 1972, under S. 409 of the Indian Penal Code and sentenced him to two years rigorous imprisonment and a fine of Rs. 2,000/-. By the same judgment, the Sub Divisional Magistrate also convicted Nakula Sahu respondent in Appeal No. 25 of 1972 Brahmananda Misra, respondent in Appeal No. 27 of 1972 and Niranjan Naik, respondent in Appeal No. 28 of 1972, under S. 409 read with S. 109 of the Indian Penal Code and sentenced each one of them to two years rigorous imprisonment and a fine of Rs. 2,000/-. By the same judgment, the Sub-Divisional Magistrate also found all the four respondents guilty of the offence under Section 120-B of the Indian Penal Code but in view of the fact that they were found guilty of the offence of criminal breach of trust for which they had entered into conspiracy, no separate sentence was awarded to them for that offence. By the same judgment and order, the Sub Divisional Magistrate acquitted Nakula Sahu of the charge under Sec. 420 of the Indian Penal Code. On appeal, the Session Judge, Cutta