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1965 Supreme(All) 530

B. DAYAL, S. N. SINGH
Mahendra Pal – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
Keshav Sahai, C.S. Saran, Advocates, For the Appellant / A.G.A, For the Respondent

JUDGMENT

S.N. Singh, J. - Appellant Mahendrapal has filed this appeal against his conviction under Section 408, I. P. C. for committing a criminal breach of trust with respect to a total amount of Rs. 5,680.84 nP. during the period from the 22nd of August 1950 to the 13th of April 1960. The prosecution case in brief was that the appellant was the shop Manager of the District Cooperative Federation of Shahjahanpur. He was appointed a shop Manager and his rights and liabilities were governed by Written agreements with the Federation. He was in charge of shop No. 4 which was a fair price shop in bazar Bahadurganj. He had deposited 'Rs. 1,000/- as security money with the Society and was appointed Manager on a monthly salary of Rs. 70/- P.M. The duties assigned to the Manager was that he was to stock different kinds of grain and sugar which were sullied from the Federation and thou the grain that was supplied to hint was to be sold under his direction. He was entrusted with the grail and the sale price thereof. He was to keep daily accounts of the sale. In the course of his work it is said that he began to deposit less than the sale proceeds received per day with the result that on the 1

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