Jagannadhadas - (1.) THE Judgment of the court was delivered by
(2.) THESE are appeals by special leave by four persons, who along with one Ramniklal Keshavlal Jhaveri (since acquitted) were committed for trial in the court of the Sessions Judge of Greater Bombay, on charges of conspiracy to commit criminal breach of trust of the funds of the Jupiter General Insurance Co. Ltd. (hereinafter referred to as the Jupiter) and in pursuance of the said conspiracy of having committed criminal breach of trust, some of them being directors and agents of the said company. They were alternatively charged for commission of the offence of criminal breach of trust by some of them as directors and the others for abetting the commission of the criminal breach of trust committed by the directors. The trial before the Sessions Judge was with the aid of a jury. All of them except Jhaveri were found guilty, appellants in Criminal Appeals Nos. 53 and 54, Sardul Singh Caveeshar and Parmeshwar Nath Kaul, by a majority verdict and appellants in Criminal Appeals Nos. 55 and 56, Vallabhdas Pulchand Mehta and Charucharan Guha, by an unanimous verdict. The verdicts of the jury were accepted by the Sessions Judge who sentenced the appellants as follows: Appellant Sardul Singh Caveeshar to rigorous imprisonment for three years and a fine of Rs. 2,500.00. Appellant Parmeshwar Nath Kaul to rigorous imprisonment for five years and a fine of Rs. 5,000.00. Appellant Vallabhdas Phulchand Mehta to rigorous imprisonment for five years and a fine of Rs. 5,000.00. Appellant Charucharan Guha to rigorous imprisonment for three yearsand a fine of Rs. 2,500.00. The charge of conspiracy related to the period from 1/12/1948, to 31/01/1949, and comprised 'in all eight persons of whom two Lala Shankarlal Hiralal Bansal (hereinafter referred to as Lala Shankarlal) and Saubhagyachand Umedchand Doshi (hereinafter referred to as Doshi) died before commencement of the trial. One Lala Ram Sharandas alias Ramsharan Lala Haricharan Mahajan (hereinafter referred to as Mahajan) was also a party to the conspiracy. But for some reason or other, the trial against him was separated. The persons who were on trial in the present case are the following. 1.Parmeshwar Nath Kaul, accused No. 1 and appellant in Criminal Appeal No. 54 of 1957 (hereinafter referred to as Kaul). 2.Vallabhdas Phulchand Mehta, accused No. 2 and appellant in Criminal Appeal No. 55 of 1957 (hereinafter referred to as Mehta). 3.Ramniklal Keshvlal Jhaveri, accused No. 3 and since acquitted by the Sessions Judge (hereinafter referred to as Jhaveri). 4.Charucharan Guha, accused No. 4 and appellant in Criminal Appeal No. 56 of 1957 (hereinafter referred to as Guha). 5.Sardul Singh Caveeshar, accused No. 5 and appellant in Criminal Appeal No. 53 of 1957 (hereinafter referred to as Caveeshar). Lala Shankarlal, who was residing at No. 16, Bara Khamba Road, New Delhi, was the managing director of the Tropical Insurance Co. Ltd., New Delhi (hereinafter referred to as the Tropical). He was also a director of the Punjab central Bank. He had also floated and was controlling a company called the Delhi Swadesi Co-operative Stores (hereinafter referred to as the Delhi Stores). He was also a leader of the Forward Bloc in the year 1948. Accused No. 1, Kaul, is a barrister and was in Lahore till the partition of the country. In December, 1948, he was in Delhi. Accused No. 2 Mehta, at all material times was the manager of the Bombay Office (General) of the Tropical.
(3.) MAHAJAN, at all material times was the secretary of the Tropical. He was also a director-in-charge of the Delhi Stores. Accused No. 3, Jhaveri, was a Bombay solicitor and at all material times was carrying on his profession as a solicitor in Bombay. Doshi was till his death, a solicitor in Bombay and was carrying on his profession as such. ;