PUSPA KUMAR RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE accused-appellant has been convicted by the learned Sessions Judge of Sikkim under Section 409, I. P, C. on his alleged plea of guilty and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rupees two hundred and in default to undergo rigorous imprisonment for six months more.

(2.) THE case for the prosecution appears to be that the accused was posted as a Conductor to Bus No. SKM 1467 of Sikkim Nationalised Transport during the month of Nov. , 1976 and that in such capacity the accused collected a sum of Rs. 2,826. 60p. on account of freight and fare but misappropriated the said amount. Shri Tempo Rapgyal, Transport Officer of the Sikkim Nationalised Transport lodged a written report to that effect with the Officer-in-charge, Sadar Police Station, on 16-2-77 and on the basis of this report the case was registered. During the course of investigation it was revealed that the accused had been appointed as a Conductor under the Sikkim Nationalised Transport and was attached to the said Bus No. SKM 1467 and that during the month of Nov. , 1976, the accused had to deposit a sum of Rs. 2,826. 60p, which the accused had realised from the passengers along with eight booking charts; but the accused neither deposited the amount nor returned the booking charts in spite of several reminders. Later on when in Jan. , 1977, Shri Kunzang Namgyal, Superintendent of the Sikkim Nationalised Transport, happened to meet the accused who paid him Rupees two hundred on that day which the Superintendent handed over to the Transport Inspector and the amount was thereafter deposited in Bank. The remaining amount of Rs. 2,626. 60p. (sic) was not, however, paid or deposited by the accused and the accused also left Sikkim and started residing in Pedong in West Bengal. The accused was, however, arrested from Pedong and ultimately a charge sheet was submitted against him under Section 409 of the I. P. C. on the allegation that the accused in his capacity of a public servant committed criminal breach of trust in respect of the aforesaid amount of bus fare and freight.

(3.) IT appears that the learned Sessions Judge who tried the accused examined four witnesses before framing the charge which was hereunder: That you on or about the Nov. '76 at Gangtok being a Govt. servant to wit bug conductor in S. N. T. and in such capacity entrusted with collecting the bus fare committed criminal breach of trust in respect of cash Rs. 2,626. 60p. (sic) and thereby committed an offence punishable under Section 409 of the I. P. C. . . .