1. This appeal is directed against the judgment of the Second Additional Sessions Judge, Ludhiana, dated 16th July, 1973, whereby the present appellant, Calcutta Singh, was convicted under S. 467, read with S. 114, I. P. C. and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000.00 , or in default of payment of fine to suffer further rigorous imprisonment for one year. He was, however, acquitted of the charge under Section 471, I. P. C. His brother, Jawala Singh, accused, was acquitted of the charge for both the offences under Ss. 467 and 471, I. P. C.

2. The prosecution story in brief is that the present appellant, Calcutta Singh, who is the real brother of the wife of Bachan Singh complainant, sold truck No. PNL. 3676 to the complainant and the same was transferred in the latters name on 1st July, 1964. However, on account of mutual confidence and relationship, the appellant was allowed to manage and ply the truck thereafter as agent of Bachan Singh. In 1965, during the Indo-Pak conflict, this truck was requisitioned by the Army. The appellant was authorised to recover the amount in respect of this truck on behalf of Bachan Singh. How