SURYYA KANTA BHATTACHARYYA Vs. EMPEROR

JUDGEMENT

(1.) The appellant, a Station Master, was tried jointly with another, a Goods Clerk, before the Sessions Judge of the Assam Valley Districts and a Jury under Section 408, Indian Penal Code, for criminal breach of trust as railway servants. The Goods Clerk was also charged under Section 477A for fabrication of certain entries and the appellant with abetment thereof.

(2.) The Jury unanimously found the Goods Clerk not guilty of both charges; the majority, however (3 to 2) found the appellant guilty under Section 468. The Judge agreeing with the majority has sentenced him to three years rigorous imprisonment. Hence this appeal. It was heard by the Criminal Bench, but, owing to a difference of opinion, it has come before me under Section 429, Criminal Procedure Code.

(3.) The facts are shortly these. One Golap Rai (P.W. No. 3), the Gomasta of a Marwari firm, on the 18th December 191, loaded 135 bags of rise weighing about 254 maunds in a wagon at the Dumduma Station to be sent to Rupai Siding and they were so sent. The proper charge for the consignment was Rs. 20-11-0. The Railway Books show an entry of Rs. 8-4-0 against this item which is put down as 60 bag s weighing 100 maunds. The entry in the Rokur of the Marwari firm shows a debit of Rs. 10-4 0, namely, Rs. 2 more. The actual quantity proved to have been sent was 254 maunds and the railway books at Dumduma contained untrue entries. Rs. 8-4-0 is the proper charge for 100 maunds, bat, having regard to the quantity, the Railway should have been paid Rs. 12.7-0 more, Golap Rai s statement is that the Station Master asked Rs. 10-4-0 from him as freight and he paid that sum. The entries in the Railway Books were made by the Goods Clerk and his statement is that he made them under the directions of the Station Master accused. The Station Master said he had left these matters to the Goods Clerk and knew nothing about them. Under the rules the responsibility rested with the Station Master and applications for wagons are to be made to him. Two Railway witnesses, namely, Binoy Bhusan Das Gupta, Booking Clerk and Signaller (P.W. No. 13), and Khetter Nath Biswas, Trains Clerk (P.W. No. 14), deposed that the practice at that Railway Station was that applications for wagons were made to the Goods Clerk and that he was in charge of booking and loading consignments of goods, but the Station Master received the total amount of the day s receipts in the evening from the Goods Clerk.