JUDGEMENT
K.S.HEDGE, J. -
(1.)THESE appeals arise out of the decision of the learned Second Judge Belgaum, in Sessions Case No. 47 of 1958 on his file. Cri. A. No. 404/58 was filed by the first accused Mithalal Tarachand Shah of Athani; Cr. A. No. 393/58 was filed by A -2 V. Govindrajulu Naidu of Pudukkupponi and A -3 P.A. Shanmugha Sundaram Mudaliar of Madras; Cr. A. No. 410/58 was filed by A -V. Kalyankoti Ayengar of Madras; Cr. No. 31 /59 was filed by the State against the acquittal of the accused under some of the charges. Pending hearing of the appeals A -3 P.A. Shanmugha Sundaram Mudaliar of Madras died. As the Court below has imposed a sentence of fine, as well, on A -3, his legal representative was brought on record but she is unrepresented. For the sake of convenience we shall refer to the parties as arrayed in the trial Court.
(2.)THE appellants were convicted under various heads and sentence other imprisonment as well as of fine, the details of which are not necessary at this stage, were imposed on them.
The facts of the case have been elaborately set out in the judgment of the learned Sessions Judge. It is unnecessary to reiterate the same. We shall mention only such as are necessary for the determination of the points urged before us.
(3.)THE basis for the prosecution case in the evidence of the approver P.W. 15 Vishvanath Dattatrya Kulkarni. His evidence is corroborated by other evidence, oral as well as documentary. The main question for our consideration is whether the evidence of P.W. 15 is reliable and if reliable whether the same is corroborated in material respects by other independent evidence. It is now well settled that it is no necessary that the approver's evidence should be corroborated in every respect and thus render his evidence super -fluous. It is equally well settled that it should be corroborated in material respects. The corroborative evidence must be such as to lend assurance to the mind of the Court that the evidence of the approver could be safely relied on . See: Sarwan Singh Vs. The State of Punjab, AIR 1957 SC 637 and The State of Bihar Vs. Basawan Singh, AIR 1958 SC 500 .
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