JUDGMENT

Cunliffe, J. - These are three Rules granted by a former Bench, one of which relates to a Petitioner by the name of Jibeswar Phukan and the other two relate to the Petitioner by the name of Ram Prosad Saikia. These two persons occupied the position of what is known as mouzadars in a country District in the Assam Province. A mouzadar, it appears, is a subordinate official engaged by Government under a contract for the purpose of coollecting local land revenues. The collections are made upon a commission basis and the appointments to office are, it seems, made or renewed annually. The two Petitioners were both convicted under sec. 409 of the Indian Penal Code which section deals with misappropriation on the part of a Government servant.

2. We are quite satisfied that the position of a mouzadar is that of a Government servant. It is not quite clear from the evidence, which was led in any of these prosecutions, that the agreement which is signed usually by all mouzadars in the form of a kabuliyat was , in fact, signed by these three Petitioners. But it is more than probable that each of them did sign these agreements under their respective charges and the evidence shows that if