https://www.taxtmi.com/caselaws?id=277400 Where the alleged misappropriation was inseparably linked to official acts of a public servant, prior sanction under Section 197 CrPC was mandatory; without sanction, the prosecution and conviction of the second accused could not stand. The conviction of the first accused under Section 409 read with Section 34 IPC was also set aside because the jury was misdirected on the scope of common intention and the need for participation in the actual commission of the offence with physical presence, and was not properly guided on the evidentiary significance of the alleged payment and motive. Both convictions were quashed, the sentences were set aside, and the accused were discharged without retrial. en-us Wed, 22 Dec 1954 00:00:00 +0530 Mon, 03 Dec 2018 15:00:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277400 Where the alleged misappropriation was inseparably linked to official acts of a public servant, prior sanction under Section 197 CrPC was mandatory; without sanction, the prosecution and conviction of the second accused could not stand. The conviction of the first accused under Section 409 read with Section 34 IPC was also set aside because the jury was misdirected on the scope of common intention and the need for participation in the actual commission of the offence with physical presence, and was not properly guided on the evidentiary significance of the alleged payment and motive. Both convictions were quashed, the sentences were set aside, and the accused were discharged without retrial. Case-Laws Indian Laws Wed, 22 Dec 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277400