JUDGMENT

Dutt, J. - In this appeal by special leave the appellant has challenged the judgment of the Patna High Court affirming the order of the learned Judicial Commissioner, Ranchi, whereby the learned Judicial Commissioner altered the order of conviction of the appellant as passed by the learned Munsif Magistrate. First Class, Ranchi, to one under section 409 read with section 511 I.P.C., but maintained the sentence of two years rigorous imprisonment and a fine of Rs.200/-. The High Court has, however, reduced the order of sentence to six months rigorous imprisonment and to a fine of Rs. 50/-.

2. The appellant was the Senior Godown Keeper of the Food Corporation of India. The prosecution case, in short, was that on 2nd March, 1968 at 8.00 p.m. in the night on a confidential information, the Deputy Superintendent of Police, Ranchi, raided the Central Godown of the Food Corporation of India along with the Town inspector and found that a truck bearing registration No. ERN-4281 standing in front of the godown, and that 22 bags of wheat had already been loaded in the truck. It was learnt by him that the said bags were being loaded under the instruction of the appellant. The truck al