EMPEROR Vs. PREM NARAIN

JUDGEMENT

(1.) This is an application in revision by the Local Government-against an order passed by the Additional Sessions Judge of Agra setting aside the conviction and sentence of Prem Narain under Section 409, I. P.C., on the ground of misjoinder of charges, and directing a retrial. The accused Prem Narain was a clerk in the Cantonment-Board Office and he was charged with having embezzled sums of money entrusted to him in his capacity as a public servant. Evidence was led to show that there had been embezzlements amounting to about Rs. 1,500 but the charge against the accused was that he had embezzled four sums of money on or about 9 January, 5 February and 13 February 1929. It. must be observed that only one charge was framed in which all the four sums of money, said to have been embezzled, are specified, and the dates of the alleged embezzlements are also specified.

(2.) It will be noticed that the embezzlements are said to have taken place on three dates and four items are specified. That means that on one date, namely on 13 February 1929, two items are alleged to have been embezzled consisting of Rs. 2-13-0 and Rs. 9-6-0 respectively, totalling Rs. 12-3 0,

(3.) The trial Magistrate found the accused guilty of having embezzled the sums of money specified on three dates, namely,. 9 January, 5 February and 13th February, and sentenced him to rigorous imprisonment for the period of two years on each of the three counts, the sentences to run concurrently.