EMPEROR Vs. JIBAN KRISTO BAGCHI

JUDGEMENT

(1.) The accused has been arraigned on three charges, and, on his behalf, Mr. Ghose, citing Kasi Viswanathan v. Emperor (1) (1907) I.L.R. 30 Mad. 328. has objected to the joinder. The objection must, I. think, prevail.

(2.) The first charge is that, on the 1st November, 1910, the accused committed criminal breach of trust, punishable under Section 408 of the Indian Penal Code, in respect of a sum of Rs. 500 entrusted to him by his employer.

(3.) The second is that he, on the same day, falsified his employer s cash-book by making an incorrect entry regarding the said Rs. 500, so as to cloak the breach of trust referred to in the first charge, and thus committed an offence punishable under Section 477A of the Indian Penal Code as amended by Section 4 of the Criminal Law Amendment Act, 1895. 3. The third charge is that, on the 9th February, 1911, he again falsified his employer s cash-book by showing the total on the credit side as less by Rs. 500 than he ought to have shown it, and so committed another offence punishable under Section 477A of the Penal Code.