KALI DAS CHAKRAVARTI Vs. EMPEROR

JUDGEMENT

(1.) This was a rule calling upon the District Magistrate to show cause why the conviction of and sentence on the petitioner Kali Das Chakraverty should not be set aside or why re-trial should not be ordered or why the sentence should not be reduced or otherwise modified on the ground that there had been misjoinder of charges and that the petitioner is, if guilty, only liable to be punished for a single offence.

(2.) The facts deposed to and found by the lower Courts are that the petitioner being a ticket collector on the East Indian Railway at Shedraphuli was seen to hand two third class tickets to a man named Aswini Kumar Seal just after the arrival of a train from Haripal to Sheoraphuli. These tickets had been used and collected from passengers by the petitioner. A travelling Inspector who was deputed to look out for frauds in connection with used tickets, which had been frequent of late, followed Aswini Kumar Seal and returned with him in the same train to Haripal. There he saw and heard Aswini claim a refund on the two tickets which he said had been purchased by his aunt in the morning and had not been used. To make the story more plausible he had left the station with the other passengers and had returned again after a few minutes. On arrest, he made a clean breast of the matter and stated that he had been employed by his friend the petitioner to carry out this fraud.

(3.) He was taken back to Sheoraphuli and it is said that the present petitioner also admitted his guilt and begged for mercy when confronted with Aswini. He has since retracted his confession and pleads that the station authorities were persons in authority within the meaning of the Evidence Act and their presence and pressure induced him to confess. This may be conceded. On these facts, the petitioner was charged with criminal breach of trust under Section 408 and with abetment of cheating under Section 420 read with Section 109, and tried at the same trial with Aswini Kumar Seal who was charged with attempt at cheating under Section 420 read with Section 511.