Sahai, J.

1. The petitioner has been convicted under Sec. 409 of the Penal Code and has been sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 2,000 or, in default, to undergo further rigorous imprisonment for one year.

2. The facts, which have either been admitted or have been found by the courts below to be proved and which are not in dispute any longer, are as follows: The petitioner was employed as the only clerk (called head clerk) in the office of Lady Elgin Zenana Hospital (hereinafter to be referred to as the hospital) at Gaya from before August, 1951, up to the 23rd January, 1953, when he was not under suspension. As clerk, he was in charge of correspondence, office work, accounts, deposits and withdrawals of money, etc.

He used to write the cash book and collection register, to prepare chalans for deposit of money in the treasury and to prepare bills for withdrawal of money from the treasury. The hospital was previously managed by a committee; but it was provincialised, that is to say, its management was taken over by the State Government, in 1949. It was directly in charge of a Lady Superintendent; but its administrative head