RENUPADA MUKHERJEE, J.

( 1 ) APPELLANT Elahi Bux khan alias Elahi Baksha Khan was placed on his trial before the Judge, First Special Court, Alipore on two charges under Ss. 409 and 477, I. P. C. and convicted and sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 100/-, in default, to undergo further rigorous imprisonment for one month on each of the two charges. The substantive sentences of imprisonment passed by the Special Judge on each of the two charges were directed to run concurrently.

( 2 ) THE prosecution case may briefly be stated thus:

( 3 ) ONE Fakir Jana (P. W. 1) who hails from Baleswar District in Orissa was a servant of one Ramanath Das of village Patuakhali within Joyna-gore Police Station in the district of 24-Parganas. On 24th Pous 1359 B. S. corresponding to 8-1-1953, Fakir Jana remitted a sum of Rs. 60/- through his master's son Kalipada Das by three money orders of Rs. 35/-, Rs. 15/- and Rs. 10/- to his son Nara-yan Jana in village Gorapukuria in Baleswar district from Merrigunge Post office which is a sub-post office under Joynagore. Accused Elahi Bux Khan was then acting as the branch post master of Merrigunge post office

Click Here to Read the rest of this document