Judgment

SIKRI, J.- This appeal by special leave raises the question of the applicability of the rule of issue estoppel. The appellant, Gopal Prasad Sinha was tried on a charge under Section 409, I. P. C., for having committed criminal breach of trust of Rs. 27,800/- during the period between January 31, 1960 and November 30, 1960, while acting as a cashier of the Public Works Department, East Division, Gaya, The Assistant Sessions Judge framed three points for determination :

"1. If the accused Gopal Prasad Sinha was a Public servant and was working as cashier in the office of the Executive Engineer, P. W. D., Gaya East Division, during the period between 31-1-60 to 30-11-60?"

2. Whether charge amount namely Rs. 27,800/- was entrusted to the accused or he had dominion over it in his capacity as a public servant?

3. Whether the accused committed criminal breach of trust in respect of this charge amount?"

2. The learned Assistant Sessions Judge, after going through the oral and documentary evidence, answered the first point in the affirmative and held that the accused was handling the cash in the office during the aforesaid period as a cashier.

3. On point No. 2 the learned Assistant Sess