Judgment

KOSHAL, J.:- This appeal by special leave is directed against the judgment dated 31st Jan. 1972 of the Gujarat High Court setting aside the acquittal of the appellant for an offence under S. 409 of the I. P. C., convicting him thereof and sentencing him to rigorous imprisonment for six months and a fine of Rs. 3000/-, the sentence in default of payment of fine being rigorous imprisonment for one month.

2. The case arises out of the affairs of a Co-operative Society named Dhrangadhra Nargrik Sahkari Bank Limited, Dhrangadhra, (hereinafter referred to as the Bank), into which a probe was held at the instance of the Government of Gujarat in the year 1966 through the police who ultimately prosecuted three persons in the court of the sessions Judge Surendranagar. The charge against the three accused was that during the period between the 25th Sept., 1957 and the 31st May 1958, they committed criminal breach of trust in respect of a total sum of Rs. 23,200/- over which they had dominion and which was in their possession as banker. The breach of trust complained of was said to have been committed in pursuance of a conspiracy entered into by the three accused who were charged with a