EMPEROR Vs. IBRAHIM KHAN

JUDGEMENT

(1.) This is an application in revision filed by the Local Government seeking to have cancelled the order of the Sessions Judge of Meerut whereby he set aside the conviction and sentences passed by the Assistant Sessions Judge of that district, upon one Ibrahim Khan, in respect of an offence under Section 409, Indian Penal Code, and ordered a re-trial of the case. The question raised in the case involves the true construction of Clause (2), Section 222, Criminal Procedure Code.

(2.) The accused Ibrahim Khan was a naib daruga employed in the Meerut Cantoments, and the charge against him is that in that capacity he realised the total sum of Rs. 208-12 as grazing fees, from various persons who grazed cattle on the Cantonment grass lands, between the 1 July and 1 November 1909 and embezzled the same, failing to pay it into the Treasury.

(3.) The sum of Rs. 208-12 consists of some 18 items which the accused is said to have collected on dates (somewhat uncertain) between the 1 July and 1st November 1909. Apparently he had no power to expend any money but it was his duty to pay it in as he collected it presumably daily. One charge in respect to the gross sum was framed against him, in view of the provision in Clause (2) Section 222, Criminal Procedure Code, and being committed for trial, he was found guilty and convicted by the Assistant Sessions Judge.