SIDH NATH AWASTHI Vs. EMPEROR

JUDGEMENT

(1.) On a chalan submitted by the police in which it was stated that the petitioner had, as a durwan in the employ of Messrs. Sew Narain Golap Roy, committed criminal breach of trust in respect of a gross sum of Rs. 3,651-5-3, the Additional Chief Presidency Magistrate of Calcutta issued warrant against the petitioner on 19 July 1927. On 12 September 1927, the case was transferred by the Additional Chief Presidency Magistrate to the 4 Court, that is to say, to the Court of Mr. H.K. De, Presidency Magistrate. That learned Magistrate thereafter proceeded to try a co-accused of the petitioner who had also been sent up for trial on the same police chalan and discharged him under Section 253, Criminal P.C. On 15 November 1927, the trial of the petitioner commenced before Mr. H.K. De, the offence specified in the summary form prescribed by Section 370, Criminal P.C., being: Criminal breach of trust as a servant in respect of Rs. 3,651-5-3 realized on purjas entrusted to him by Ganpat Roy Chowdhury (the Manager of Messrs. Sew Narain Golap Roy), Section 408, I.P.C.

(2.) Charges in respect of 3 items viz.: Rs. 257-8-3 Rs. 1,855-0-3 and Rs. 178-11-3 were framed against the petitioner as being the items in respect of which criminal breach of trust was committed by the petitioner on 6 June 1927, and the petitioner was convicted on these charges and was sentenced to undergo rigorous imprisonment for 3 months. The trial thus concluded before Mr. H.K. De, on 8 February 1928.

(3.) On 14 April 1928, another chalan was submitted by the police to the Additional Chief Presidency Magistrate stating that the petitioner had committed criminal breach of trust of three sums of money, viz., 700, 100 and 100 on 6 June 1927, 25 May 1927 and 24 May 1927, respectively, the other particulars being the same as in the previous chalan. It was stated in the chalan that the petitioner was undergoing the sentence passed on him by Mr. H.K. De. The Additional Chief Presidency Magistrate issued order for the petitioner being brought up for trial. The petitioner put in a petition objecting to the trial on the ground that these three items were included in the gross sum of Rs. 3,651-5-3 and maintained that he had already been tried for the whole offence that he had committed, and so under Section 403, Criminal P.C., could not be tried again. The Additional Chief Presidency Magistrate disallowed the objection, proceeded with the trial and ultimately convicted the petitioner in respect of the said three items and sentenced him to undergo rigorous imprisonment for 3 months.