OHI BHUSAN ADHIKARI Vs. EMPEROR

JUDGEMENT

(1.) The two petitioners, Ohi Bhusan Adhikari and Ramanath Dey, were assistants in a cloth shop. The case for the prosecution is that they misappropriated cloth, belonging to their employer. They were tried along with two other persons, Ram Gopal and Kali Narain. It was alleged that Kali Narain had dishonestly received stolen cloth sent to him by Ohi Bhusan, and that Ram Gopal had dishonestly received stolen cloth sent to him by Ramanath. No charge of conspiracy was framed against the four men. The petitioners were charged under Section 408 of the Penal Code with the offence of criminal breach of trust by a clerk or servant. Kali Narain was charged with abetting the commission of that offence by Ohi Bhusan, and Ram Gopal with abetting its commission by Ramanath. The trial ended in the conviction of all, the accused on the charges framed against them.

(2.) The case then came before the Sessions Judge on appeal. The learned Sessions Judge very properly observed that that there was no charge of conspiracy. He further held that if Kali Narain and Ram Gopal had committed any offence, it was the offence of dishonestly receiving stolen property and that their conviction for abetment could not be supported. So far as they were concerned he held that the trial was bad for misjoinder of charges, and on that ground he acquitted them.

(3.) As to the petitioners, the Sessions Judge found that they had acted in concert, and he upheld their convictions under Section 408.