Judgment

JASWANT SINGH, J.:- This appeal by special leave is directed against the judgment and order of the High Court of Madhya Pradesh dated August 3, 1971 affirming the conviction of the appellant under S. 409 of the Indian Penal Code and sentence of two years R. I. and fine of Rs. 1,000 passed thereunder.

2. The short point urged by Mr. Talukdar appearing in support of the appeal, is that it is proved from the material on the record that the appellant made all the payments which were due to the labour and the Courts below have erred in holding him guilty of criminal breach of trust. He has in this connection drawn our attention to the deposition of Jai Ram, contractor (P.W. 3) to the effect that he got the work done on Maladhungi and Malapondo roads by engaging about 40 to 50 labourers on contract and got from the appellant payments of labour charges for the work got done by him. This statement is not at all helpful to the appellant in respect of Exhs. 4, 6 and 8 in view of the further statement made by the witness that whenever the appellant made payments to him, he obtained his thumb impression on the muster roll and that he neither received payments in connection with the must