1944 (11) TMI 20

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....i, Bireswar Chatterjee and Gaganendra Krishna Deb For Respondents: Amiruddin Ahmad, Deputy Legal Remembrancer and Nirmal Kumar Sen JUDGMENT 1. The appellant, Satya Sundar Mitra, has been convicted under s. 406 of the Indian Penal Code and sentenced to rigorous imprisonment for four months and to pay a fine of one thousand rupees in default to suffer rigorous imprisonment for a further per....

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....e of Mitra and Chaudhuri, who are banians of Balmer Lawrie and Company, six tons of the cement sold on the permit were diverted and disposed of for another purpose. In our opinion, there was no entrustment of the cement in question within the meaning of the term as used in s. 405 of the Indian Penal Code and the accused, accordingly, cannot be convicted of the offence of breach of trust. The permi....