RAM VARMA Vs. STATE

JUDGEMENT

(1.) Sri Ram Varma was committed for trial to the Court of Session, Etah for offences under Sections 409 and 477A, Penal Code. The charge under Section 409 Penal Code was that he being a public servant in the employment of the Director of Medical and Health Services, U. P. at Etah and being entrusted with and having dominion over property in such capacity committed criminal breach of trust with respect of the said property to the extent of .Rs. 569-10-3 and thereby committed an offence punishable under Section 409, Penal Code.

(2.) The charge under Section 477A was that he in the year 1947 at Etah wilfully and with intent to defraud, altered multilated falsified account which had been kept and maintained by him on behalf of his employer and made false entries in and committed to make entries & made alterations in material particulars in such books of accounts in the year 1947 and thereby committed an offence punishable under Section 477A, Penal Code.

(3.) The sum of Rs. 569-10-3 was made up of the amounts relating to four different items. The Additional district Government counsel applied to the Assistant Sessions Judge to whose Court the case had been transferred that trial for an offence under Section 477A with respect to four items was not permissible and that therefore the case be split up into two cases one relating to three items of criminal breach of trust and 3 offences under Section 477A Penal Code with respect to those three items and that the offence with respect to the fourth item of Rs. 10-10-3 be made the subject matter of a different case. The learned Assistant Sessions Judge acceded to the request and ordered the case to be split up into two cases. The accused was dissatisfied with the order and went up in revision to the learned Sessions Judge who took a different view from that of the Assistant Sessions Judge and made this reference recommending that the order of the Assistant Sessions Judge for splitting up the Sessions trial into two separate cases be set aside and the trial be ordered to proceed on the charges framed by the learned Committing Magistrate.