AMBIKA PRASAD SINGH Vs. STATE

JUDGEMENT

(1.) This is an application in revision, against the order of the learned appellate Court upholding the petitioner's conviction under Section 408, Indian Penal Code, as also the sentence of one year's rigorous imprisonment and a fine of Rs. 2,000/-. The petitioner was also charged under Sections 468 and 477-A of the Indian penal Code, but he was acquitted of these charges. This application is, therefore, only concerned with the offence under Section 408, Indian Penal Code.

(2.) The prosecution case, in short, is that the petitioner had committed criminal breach of trust in respect of a sum of Rs. 7,185/15/- out of freights collected by him and had in the process forged and fabricated accounts maintained by him. It is said that this petitioner was Head Goods Clerk. It was his duty to receive goods from the consignors and to see that they are delivered to the consignees. It was also his duty that if there has been an over-charge in freight, he was to deduct the surplus and return it to the consignee. It appears that the petitioner had, in this manner, retained a sum of Rs. 7,185/15/- stretching over 36 items.

(3.) Mr. Safdar imam appearing on behalf of the petitioner, has not challenged the facts alleged by the prosecution. He has submitted only one point, that is, that as the petitioner is a public servant and as there was no sanction ac-corded for his prosecution, the entire prosecution is without jurisdiction, and, therefore, the conviction should be set aside. It is, therefore, necessary to see whether the petitioner, who is a railway servant is, in fact, a public servant In this connection, reference may be made to section 137 of the Indian Railways Act (IX of 1890). Section 137 (1) is as follows : "Every railway servant shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code." Clause 4 of this section is as follows :