KALI KUMAR DAS Vs. NAWABALI DHALI

JUDGEMENT

(1.) The present petitioner Kali Kumar Das was tried jointly with one Rahimuddi on the following charges: first of all that they conspired to commit criminal breach of trust with regard to a certain sum of money about Rs. 2,000 odd and thereby committed an offence punish-able under Section 408 read with Section 120-B; and secondly that they misappropriated a sum of Rs. 2,000 odd and so committed an offence under Section 403, I.P.C. Against the present petitioner there was also a further charge that he committed criminal breach of trust as a servant with regard to the same sum of money Rs. 2,000 odd. These charges were drawn up on 30 July 1927. On 13 September 1927 the Magistrate added what he has described as alternative charges, namely, three oharges against the present petitioner of falsifying the accounts, each of these charges dealt with one specific item in the account and also against the other accused Rahimuddi of abetting the same falsification of accounts.

(2.) It is unnecessary to state in detail the facts of the case at length. They are briefly these : The petitioner was a servant of the complainant Nawab Ali who is a jute broker at Poran bazar Chandpore. Rahimuddi was a customer. The case is that by means of falsification of certain books of account they defrauded or attempted to defraud the complainant of the sum of Rs 2,000 odd.

(3.) The first argument that has been put forward by the petitioner is that Section 239, Criminal P.C. does not contemplate what are described as alternative charges being tried together with the original charges I admit I do not see the force of this contention. Section 239(d) provides that persons accused of different offences committed in the course of the same transaction may be tried together. It is sufficient that the offences were committed in the course of the same transaction. Whether the charge is an alternative one as provided by Section 236 or is a distinct charge is obviously immaterial.