- (1.)THE applicant Jaikrishna of Anjan-gaon was convicted and sentenced to undergo four months rigorous imprisonment under B. 406, Penal Code by the Second Class Magistrate, Daryapur; and in appeal the appellate Magistrate, Amraoti, affirmed the conviction but reduced the sentence to a fine of bb. 600. The applicant has now come up in revision to this Court.
(2.)ALTHOUGH the complainant Mohanlal (P. W. 1) claimed that the applicant was hia servant and in that capacity used to sell, buy or pawn gold and silver in Amraoti and elsewhere in bis behalf, the trial Court found that they were partners. The trial Court also found that the applicant bad misappropriated the following : (i) Rs. 300 on 10th September 1946, (ii) Rs. 642 on 8th October 1945. (iii) Rs. 400 and BSection 1662 on 19th January 1946, (iv) a gold kardora worth Rs. 600 on 7 th October 1945.
(3.)THE appellate Magistrate found in his own words and figures: It h thus clear that the appellant misappropriated the kardora I worth about Rs. 600) and Mohanlal got only Rs. 300 against that. He also misappropriate Rs. 643 in respect of the todas. He further misappropriated a little less than Bs. 2000 out of the cash cum-ubara account of Mohanlal. Ha also borrowed Eb. 150 from Ramkrishna without Mohanlal'a authority and obviously misappropriated the amount, He credited Rs. 300 leas in respect of the first pawn with Ramakrishna. The credit of Ea. 1025 does not cover all these defaloitiona. Thus he has committftd criminal breach of trust In respect ot over Ea. 2300 (or which he has failed to give any plausible explanation.