ASRAFULLA SARKAR Vs. EMPEROR

JUDGEMENT

(1.) In this case the petitioner Asrafulla was the Secretary of the M.E. School at Pirgunge from 20th February 1912 to 7th December 1914, while the second petitioner Tasiruddin, who is the son of Asrafulla, was the 3rd teacher therein.

(2.) In the present proceedings the charge framed against them was that in the course of the year 1914 they had committed criminal breach of trust in respect of a sum of Rs. 177-14-9. This sum was the aggregate of 13 distinct items.

(3.) In respect of nine of the thirteen items the prosecution failed in the Trial Court, and in the Appellate Court the prosecution farther failed in respect of three items out or the remaining four. There is left an item of Rs. 12-14-6 Said to have been misappropriated on 30th November 1914.