JUDGMENT

Kendall, J. - This is an application for revision of the order of the Additional Sessions Judge of Muttra upholding the conviction of Raman Lal u/s 408 of the Indian Penal Code. The facts of the case are given at length in the learned Judge's judgment. The main point taken on behalf of the applicant is that the trial is vitiated by joinder of charges in respect of eight separate necklaces. The applicant had been accused of committing various offences in connexion with his management of a temple, and one of the complaints against him was that he had stolen eight necklaces, valued at about Rs. 15,000 which had been in the possession of the temple. The Magistrate framed a charge against him to the following effect:

That you on or about the day following Annakut day of Sambat 1977, corresponding to 12th November 1920, at Gokal, being a servant of Mt. Maha Lakshmi Bahuji, committed theft in respect of eight necklaces Valued at Rs. 15,000 which necklaces were in the possession of your employer, the said Maha Lakshmi Bahuji.

2. And the Magistrate found it to be proved that the applicant had not committed theft on any particular day, but that he had committed criminal breach of trust