GOPAL PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave raises the question of the applicability of the rule of issue estoppel. The appellant, Gopal Prasad Sinha was tried on a charge under Section 409, I. P. C., for having committed criminal breach of trust of Rs. 27,800/- during the period between January 31, 1960 and November 30, 1960, while acting as a cashier of the Public Works Department, East Division, Gaya, The Assistant Sessions Judge framed three points for determination:

(2.) The learned Assistant Sessions Judge, after going through the oral and documentary evidence, answered the first point in the affirmative and held that the accused was handling the cash in the office during the aforesaid period as a cashier.

(3.) On point No. 2 the learned Assistant Sessions Judge, after considering the oral and documentary evidence, held: