JUDGMENT

Dalal, J. - I passed a preliminary order in this matter on 4th December 1928. The opinions expressed therein were merely tentative and the whole matter shall be examined over again in the present order. Janeshar Das and Khushi Ram, two servants of the treasurer of the Muzaffarnagar treasury, were charged with three offences and each offence was framed in the alternative either of criminal breach of trust or abetment thereof. There was found deficiency on a certain date in stamp labels kept in the double lock of the treasury and in cash kept in the single-lock. Inquiry was made and the prosecuting agency appears to have been doubtful whether Janeshar Das committed the breach of trust and Khushi Ram abetted him, or whether Khushi Ram committed the breach of trust and Janeshar Das abetted him. Three items of defalcation were chosen, two relating to stamps and one relating to cash, and as regards each item the charge was framed in the alternative. Both Janeshar Das and Khushi Ram were "tried jointly. In this Court the argument of Janeshar Das has been that he was born a fool and the blackguard of the piece was Khushi Ram. On his behalf no allegation was made as to the illegalit