SHOB NATH Vs. STATE

JUDGEMENT

(1.) SHOB Nath was Post Master at the Branch Post Office Koerauna. On 6-4-1970, Bramha Deo Dubey Manager of Kalika Higher Secondary School Kalika Nagar gave Rs. 2540/- to the accused for opening a new Savings Bank Account under the head 'karamchari Nirikchit Betan', the accused who was the Post Master received the money and issued a preliminary receipt No. 12 in token of the initial deposit of Rs. 2,540/having been received from Bramha Deo Dubey. The accused, however, did not deposit the money in the Government account as per direction of Bramha Deo Dubey and instead he mis-appropriated the said money.

(2.) THE accused admitted that he was a Post Master at the Branch Post Office Koerauna, but he denied having received the money or having issued any receipt in token thereof.

(3.) ON a consideration of the statements of the witnesses produced on behalf of the prosecution the Magistrate First Class Gyanpur was of the opinion that a prima facie case under Section 409 Indian Penal Code was made out against the accused. He, therefore, committed the accused to the Court of Session for trial. On the first date of hearing before the Sessions court an application was moved on behalf of the accused. Two objections were taken in this application. Firstly, that Shob Nath was only an extra Departmental Branch Post Master of Koerauna Post Office, on 6th April 1970 when the amount of Rs. 2540/- is alleged to have been made over to him by Bramha Deo Dubey, and as such he is not a public servant, and, secondly, that the facts of the case did not make out any offence under Section 409, Indian Penal Code, inasmuch as there was no entrustment of the property by Bramha Deo Dubey to the accused-applicant as envisaged in that section. Both these contentions found favour with the Sessions Judge Gyanpur. who has made the present recommendation to this Court for quashing the order of commitment.