FACTS: The charge framed against the four accused in this case consisted of four heads. The first head of the charge was that the first accused as the Chairman of the managing committee of the society, namely, the Nandurbar Agricultural Cooperative Purchases and Sales Union Ltd. and the 2nd accused as Chairman who succeeded the 1st accused, and the third accused as Shop Manager of the Society, and the fourth accused as a member of the the Society, and Tipari as cashier of the Society, had in the beginning of the month of March 1949 entered into a criminal conspiracy with intent to defraud the Society in respect of its funds with the object of securing wrongful and unauthorised gain to the firm, of the fourth accused and also to benefit themselves dishonestly and wrongfully by advancing monies ostensibly to the firm of the fourth accused in violation of the law and in contravention of the bye-laws of the Society and had thereby committed an offence punishable under S. 120B read with S. 406 of the Indian Penal Code. The second head of the charge as originally framed was that accused Nos. 1, 2 and 3 having dominion over the funds of the Society had, in collaboration with Tipa