( 1 ) HARI Prasad, Ram Saran and Harianand appeal against their conviction under Sections 406, 477 and 477a, Penal Code, by the Additional Sessions Judge Banaras. The trial was with the help of a jury.

( 2 ) THE prosecution case, in brief, is that these appellants and one Moti Lal, the complainant, entered into a partnership on 15-7-1948. The partnership firm was to be known as "moghalsarai cloth Trading Company". Moti Lal was to contribute Rs. 24,000/- towards the capital and each of the three appellants was to contribute Rs. 8,000/ -. Each of the appellants was to share in the profit and loss equally, and the share of Moti Lal in the profit and loss of the business was to be 7/16. The three appellants were to manage the business of the firm. The account-books were to be kept by them or any of them. It was further provided in the deed of partnership that an account would be taken of all the capital assets and liabilities and of the profits and losses of the partnership annually, that the appellants would explain the accounts to Moti Lal and that then it would be signed by all the partners. It further provided that such accounts when signed would be binding on ea