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    Sombari Behara v. Emperor

    ORDER

    King, J.

    1. I cannot agree with the lower courts that the president of a co-operative society is a public servant. The lower appellate court does not say how the president comes within the tenth subsection of S. 21, I.P.C. and I am unable to see how he can do so. I modify the conviction to one under S. 406, I.P.C. seeing no reason on the evidence to say that the lower courts have not rightly held breach of trust to be proved. The sentence has already been reduced in appeal and is now, in my opinion, as lenient as it can be for an offence of this kind committed by a man in so responsible a position. I cannot therefore reduce it further.

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    Sombari Behara v. Emperor
    (Nov 6, 1935)