K.B.N.SINGH, J.

1. Both the Government appeals have been heard together with the consent of the parties as common questions of fact and law are involved. This judgement will, therefore, govern both the appeals. These appeals are for setting aside the orders of acquittal passed by Shri Rash Behari Prasad Sinha, Additional Sessions Judge, Dhanbad, in Criminal Appeals Nos. 207 and 208 of 1963, reversing the findings of Shri N.N. Chakravarty, Assistant Sessions Judge, Dhanbad, in Sessions Trials. Nos. 24 and 24/A of 1963, who convicted the respondent of the offence under Sec. 409 of the Indian Penal Code in both the cases.

2. Respondent Amulya Ratan Pathak was the Secretary of Radha Nagar Multipurpose Co-operative Society (hereinafter referred to as the Co-operative Society), a Society registered under the Bihar and Orissa Co-operative Societies Act, 1935, during the years 1958-62 and co-accused Dhirendra Nath Chatterjee was its President. The allegation against respondent Amulya Ratan Pathak and co-accused Dhirendra Nath Chatterjee was of having committed criminal breach of trust in respect of a sum of Rs. 810.85 P. collected from loanees as agents of the Central Co-operative