Raja Sarwan vs State of Gujarat - 1966 Supreme(Online)(Guj) 7

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1966 Supreme(Online)(Guj) 7

GUJARAT HIGH COURT
R. N. Misra, J
Raja Sarwan – Appellant
Versus
State of Gujarat – Respondent

Advocates:
For the Appellants: Mr. Trivedi, Mr. Abichandani
For the Respondent: Assistant Government Pleader

Table of Content
1. overview of the misappropriation facts and initial convictions. (Para 1 , 2 , 3)
2. argument regarding the trial procedure being improper. (Para 4)
3. court finding illegalities in the trial procedures. (Para 5 , 6)
4. final conclusion on the necessity for retrial. (Para 10)

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. 46