EMPEROR Vs. LACHMI DATT

JUDGEMENT

(1.) Lachmi Dat was a combatant driver in the 14 Infantry Brigade Transport Company. He was also attached as orderly to Risaldar Lal Singh. It is alleged that he dishonestly abstracted notes of the value of Rs. 4,000 from a steel trunk over which he had been ordered to keep guard, and then bolted away. After considerable difficulty he was arrested at Rangoon and brought over to these Provinces and charged under Section 408, I.P.C. The Magistrate took evidence and committed him to the Court of Sessions. The military authorities considered that this was a case for trial by a military Court, and requested the Sessions Judge to hand over the prisoner to them. The learned Sessions Judge has referred the matter to the High Court with a recommendation that the commitment be quashed. In the meantime he has taken steps to hand the accused over to the military authorities.

(2.) Criminal breach of trust by a servant is an offence triable both by military and criminal Courts, but the offence of desertion can be tried by a military Court only.

(3.) Section 69, Army Act (Act 8 of 1911) provides that where a criminal Court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the prescribed military authority to decide before which Court the proceedings shall be instituted, and if that authority decides that they shall be instituted before Court-Martial, to direct that the accused persons shall be detained in military custody. It is therefore clear that it rests entirely with the discretion of the prescribed military authority to decide whether the offence should be tried by a Court-Martial or not.