Judgement

Petition for special leave to appeal in forma pauperis from a judgment and order of the Federal Court of India, sitting at Delhi (April 12, 1939), which reversed in part, and partly affirmed, a judgment and order of the High Court at Lahore (October 20, 1938).

This petition was the first matter from the Federal Court of India to come before the Judicial Committee of the Privy Council.

The petitioner, Dr. Hori Ram Singh, was a Sub-Assistant Surgeon in the Punjab Provincial Medical Service, having served for over twenty-eight years. From December, 1935, to the end of March, 1937, he was in charge of the Rural Hospital at Mithankot, which was maintained by the District Board of Dera Ghazi Khan, through the Inspector-General of Civil Hospitals, Punjab.

On September 10, 1937, the petitioner was charged in the Court of the First-class Magistrate at Dera Ghazi Khan, that (1.) on or about January 1, 1937, at Mithankot, being a public servant and in such capacity entrusted with medicines of the hospital, he committed criminal breach of trust in respect of certain named medicines to the value of Rs.7-8-0, and thereby committed an offence punishable under s. 409 of the Indian Penal