ELAHI BUX KHAN Vs. STATE

JUDGEMENT

(1.) Appellant Elahi Bux khan alias Elahi Baksha Khan was placed on his trial before the Judge, First Special Court, Alipore on two charges under Ss. 409 and 477, I. P. C. and convicted and sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 100/-, in default, to undergo further rigorous imprisonment for one month on each of the two charges. The substantive sentences of imprisonment passed by the Special Judge on each of the two charges were directed to run concurrently.

(2.) The prosecution case may briefly be stated thus:

(3.) One Fakir Jana (P. W. 1) who hails from Baleswar District in Orissa was a servant of one Ramanath Das of village Patuakhali within Joyna-gore Police Station in the district of 24-Parganas. On 24th Pous 1359 B. S. corresponding to 8-1-1953, Fakir Jana remitted a sum of Rs. 60/- through his master's son Kalipada Das by three money orders of Rs. 35/-, Rs. 15/- and Rs. 10/- to his son Nara-yan Jana in village Gorapukuria in Baleswar district from Merrigunge Post office which is a sub-post office under Joynagore. Accused Elahi Bux Khan was then acting as the branch post master of Merrigunge post office as a nominee of permanent extra departmental branch post master Mahammad Ibrahim Gharami and he received the sum of Rs. 60/-along with a further sum of Rs. 2/- on account of Money Order commission and his remuneration for writing out the money order forms. Some time after the above date Fakir Jana was intimated by his son from Baleswar district that the latter had not received the amounts said to have been sent to him. by money orders and when. Fakir Jana referred this matter to Elahi Bux Khan he promised to re-turn the money to him which was done in the house of one Haji Ainuddin and the three postal receipts-already given to Fakir Jana through Kalipada were handed over to the appellant. This took place in Phalgoon 1359 B. S. Thereafter Fakir Jana went to Joynagore Mazilpore Post office on 21-2-1953 for remitting the above amount of Rs. 60/- and being questioned why he did not avail himself of the services of Merrigunge post office which was nearer to his house, he disclosed the whole incident relating to the previous money orders sent from the last mentioned post office. At the request of Makhan Lal Bose (P. W. 10) Sub-Post Master of Joynagore Mazilpore post office Hiralal Naskar (P. W. 15) a postman of Joynagore Mazilpore post office reduced the statement of fakir Jana into writing which was also signed by the latter.