Judgement

HEGDE, J. :- The State of Gujarat has filed this appeal, by special leave against the order of acquittal made by the High Court of Gujarat in criminal appeal No. 759/63 on its file. The respondent herein was convicted for an offence under Section 409 I. P. C. by the city magistrate, 7th Court, Ahmedabad, and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500, in default to suffer rigorous imprisonment for four months more.

2. The facts of the case lie within a narrow compass. The government of Gujarat gave on contract to Bharat Sewak Samaj (Gujarat) the work of construction of a building for the government litho-printing press. From exh. 20 it appears that the BSS in its turn gave that work on sub-contract to a firm known as M/s. Kaushik and Co., though it was sought to make out that M/s. Kaushik and Co. were merely appointed to supervise the work. The firm Kaushik and Co. consisted of two partners. The respondent who is the brother of one of the partners was looking after the construction work. On 9-4-62, BSS applied to the Deputy Engineer (construction sub division, Ahmedabad) for allotment of ten tons of cement for the construction work i