DEONARAIN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The petitioner was convicted by a Magistrate of having in his capacity as a servant of the Maksudpur Estate, dishonestly converted to his own use a sum of Rs. 2,920 and was sentenced under Section 408 of the Indian Penal Code to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200. An appeal against the conviction and sentence was dismissed by the Sessions Judge of Gaya.

(2.) The petitioner was a gomasta whose duty was to collect rents from raiyats of villages in his charge belonging to the estate. He was appointed in October,1930. His accounts were checked by a tahsildar of the estate in August,1932 and it was then found that he had collected Rs. 2,920 more than he had deposited in the estate treasury. The matter was reported to the Manager who dismissed him two days later. When ho made over charge to the man appointed to succeed him, he admitted in writing liability for the deficit and is said to have promised to pay the money within a week. He did not do so and eventually complaint was lodged with the result already stated.

(3.) The principal ground of the application is that, the conviction cannot stand because the charge as framed offends against the provisions of Section 222 of the Criminal P. C.. The charge runs aS fellows; That on or about August 12, 1932, being a servant, namely, a gomasta in the employment of Maksudpur Estate and in such capacity having dominion over Rs 2,920-3-5 committed criminal breach of trust with respect to the said amount.