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PETITIONER: SHREEKANTIAH RAMAYYA MUNIPALLI
Vs.
RESPONDENT: THE STATE OF BOMBAY(With Connected Appeal)
DATE OF JUDGMENT: 22/12/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. DAS, SUDHI RANJAN
CITATION: 1955 AIR 287 1955 SCR (1)1177
ACT: Criminal Procedure Code, (Act V of 1898), s. 197-Prevention of Corruption Act, 1947 (II of 1947), s. 5(2)-Charge thereunder and charge under s. 409 of the Indian Penal Code (Act XLV of 1860)Separated from each other-Sanction granted under s. 5(2) of the Prevention of Corruption Act-Whether could be extended as to cover prosecution under s. 409 of the Indian Penal Code-S. 197 of the Code of Criminal Procedure-Scope and construction of-Indian Penal Code, s. 34-Essence of-Whether the person must be physically present at the actual commission of the crime.
HEADNOTE: The three accused-Government servants-were jointly charged with an offence punishable under s. 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under s. 409 of the Indian Penal Code read with s. 34. Then followed a number of alternative charges in which each was separately charged with having committed criminal breach of trust personally under s. 409. As a further alternative, all three were 1178 jointly charge...