DATTA RAM KASHINATH WAGLE Vs. EMPEROR

JUDGEMENT

(1.) In this case the accused, who was a servant of one Dr. Underwood practising as a Medical Practitioner in Bombay", was sentenced by the Magistrate to one (1) day's simple imprisonment and a fine of Rs. 150 for criminal broach of trust in respect of two sums of Rs. 15 and Rs. 20 alleged to have been mis-appropriated by him as a servant.

(2.) The accused appealed to this Court but in view of the provisions of Section 411 of the Criminal Procedure Code and the decision recorded in Queen-Empress V/s. Hari Savba 20 B. 145 we held that we were unable to entertain the appeal.

(3.) It was represented to us, however, that there was a point of law arising upon the findings of the Magistrate. We, therefore, allowed the case to be argued as if it had been admitted in revision.