The court affirmed that distinct offences must be tried separately, and evidence from one case cannot be improperly introduced in another, rendering the convictions resulting from such procedure invalid.

1. The appellants in these two appeals were accused Nos. 1 and 2 respectively in Sessions Case No. 4/65 in the Court of the Additional Sessions Judge, Porbandar at Junagadh. On trial before that Court they have been convicted by the learned Additional Sessions Judge, of an offence under S. 406 read with S. 34 I.P.C. in respect of an alleged misappropriation of two sums of money one of Rs. 2700 and the other of Rs. 466.62 in all Rs. 3166.62, committed in the year 1959. For that offence each of them has been sentenced to rigorous imprisonment for 2 years and a fine of Rs. 1000/- in default of payment of which to undergo further rigorous imprisonment for six months. There was a separate conviction recorded against accused No. 1 also for an offence under S. 406 I.P.C. in respect of the sum of Rs. 2700/- and a separate conviction recorded against accused No. 2 under S. 408 I.P.C. for the sum of Rs. 466.62 but no separate sentences in respect of those convictions were imposed.

2. The material facts are these : Accused No. 2 Bhikha Kachra was the Secretary of the Kukasvada Group Multipurpose Co - operative Society continuously from August 1958 to July 1963 and accused No. 1 Raja Sarwan was the President of that Society from July 1957 to July 1963 except for the period March 1962 to July 1962. As the Secretary accused No. 2 had to maintain accounts, documents and vouchers and was under the Bye - laws entitled to receive payments of money and to incur necessary expenses. As the President of the Society accused No. 1 was in custody of the cash of the Society and had to receive cash and deposit it into the bank as also to supervise the work of accused No. 2. The auditor of the Cooperative Department one Mr. Jayantilal Kothari visited Kukasvada in the course of his duties and inspected and audited the accounts of this Society from 26-6-1963 to 30-6-1963. On such inspection he noticed misappropriation of an amount of more than Rs. 35000/- during the period from 1959 to 1963. The misappropriation substantially consisted of failure to credit the payments made by the debtors to the Society in respect of which payments, kachha receipts had been issued to the said debtors. He also found that accused No. 1 was not able to produce the balance of the general cash book amounting to Rs. 1541.39 and accused No. 2 was not able to produce the cash balance of the Society's shop amounting to Rs. 1551.98. On the basis of his inquiry and report, a complaint was filed before the police. Investigation started and the accused were prosecuted.

3. Five charge - sheets were sent up against these two accused one for each of the years 1959, 1960, 1961, 1962 and 1963 Five Sessions trials were held on the basis of the committal orders made in respect of the five charge - sheets. The Sessions Case No. 4 of 1965 related to the alleged misappropriation in the year 1959. The present appeals (Criminal Appeals Nos. 417/65 and 488/65) arise from the conviction recorded and sentence passed in that case. The Sessions Cases Nos. 5, 6, 7 and 8 of 1965 related to the alleged misappropriation in the years 1960, 1961, 1962 and 1963 respectively in those cases also the convictions have been recorded and there are separate appeals filed against those convictions. Those appeals have also come up for hearing before this Court along with the present appeals.

4. At the outset, a preliminary objection was raised before me oh behalf of the appellants. It related to the procedure adopted by the Sessions Court during the trial of these five cases. It appears that most of the material evidence was recorded in Sessions Case No. 465 and then by the consent of the learned Public Prosecutor and the learned advoc