SARDUL SINGH CAVEESHAR PARMESHWAR NATH KAUL VALLABHDAS PHULCHAND MEHTA CHARWHARA GUHAN Vs. STATE OF BOMBAY

JUDGEMENT

(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.

(3.) MAHAJAN, at all material times was the secretary of the Tropical. He was also a director-in-charge of the Delhi Stores.