EMPEROR Vs. SRI KISHAN (OR SRI KRISHNA)

JUDGEMENT

(1.) The opposite party to this reference was tried before the Temporary Sessions Judge of the Allahabad District sitting with a Jury for an offence under Section 408, Indian Penal Code, the allegation being that he had committed criminal breach of trust in respect of certain moneys entrusted to him in his capacity as a clerk or servant of the Kayestha Pathshala Intermediate College. He was found not guilty by the Jury, but the Sessions Judge refused to accept the verdict. He was of opinion that the case against the opposite party had been established beyond all shadow of doubt and that it was necessary in the interests of justice to refer the matter to this Court for such orders as this Court might deem proper in the circumstances.

(2.) This High Court has undoubted jurisdiction to disregard the verdict of the jury and to convict the opposite party if it is of opinion that the verdict of the Jury was perverse and it is the case for the Crown in this reference that the verdict returned by the Jury was wholly against the weight of evidence and such that a body of men acting reasonably and honestly could not possibly have returned. In other words it is boldly contended by the Crown that the verdict returned in this case was clearly perverse. The charge against the opposite party was that being a clerk or servant of the Kayestha Pathshala Intermediate College he committed criminal breach of trust in respect of three sums of money entrusted to him, viz. Rs. 100, on 12 July 1932, Rs. 100 on 22 September, 1932 and Rs. 50 on 22nd October 1932.

(3.) The case for the prosecution was that the opposite party had been employed as an accountant by the Kayestha Pathshala Intermediate College for some considerable time before these alleged defalcations. It was said that as such accountant it was part of his duty to receive tuition fees and account for the same. It is alleged that the students of classes 11 and 12 paid their tuition fees direct to the opposite party who gave signed receipts to each student for such payment. On the other hand the students of classes 7 to 10 paid their tuition fees to their respective teachers who later handed the amounts collected daily to the opposite party who acknowledged the receipt of the same by signing in the appropriate place on the daily attendance register kept by the various teachers. For the purposes of accountancy it was the duty of the opposite party to keep two books, viz. the income register in which the daily income received by him from different sources was entered and a cash book in which both the daily income and expenditure was entered. It is said that it was the opposite party is duty to pay the income received daily as stated in the Cash Book into the account of the College at the Imperial Bank of India.