JUDGMENT

FAZAL ALI, J. :— These appeals by special leave are directed against the judgment and order of the Allahabad High Court acquitting the respondents Ram Narain, Ram Piarey and Ram Achal of the offence under S. 395 I. P. C. of which they were convicted by the Sessions Judge.

2. A detailed narrative of the prosecution story has been given in the judgment of the Sessions Judge and the High Court and it is not necessary for us to repeat the same all over again. Briefly put the allegation of the prosecution is that the Allahabad office of the Factory, a branch of which was situated in village Kareha had to disburse some payments to the contractors at Kareha in the District of Allahabad, which is about 25 to 30 miles away. Apart from Kareha there were other branches also where certain payments had also to be made. For this purpose on 1-11-1966, the Head Office at Allahabad sent a jeep carrying the driver Madho Ram P. W. 12 and the Accountant of the Factory Ramesh Chandra. P. W. 5, with a sum of Rupees 70,000/- out of which Rs. 7,000 was to be disbursed at the Kareha, Rupees 11,000/- to be disbursed at Karma and other branches near about the place. The remaining amount of Rs. 52.000