Himachal Pradesh Court October 1953 Judgments
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The State of Himachal Pradesh Vs. Mirza HussaIn Beg
Court: Himachal Pradesh
Decided on: Oct-01-1953
Reported in: AIR1954HP33
Chowdhry, J. C.1. This is a Government appeal under Section 417, Cr. P. Code, against the acquittal of one Mirza Hussain Beg by a first class Magistrate of Chamba of offences under Section 409, I. P. C. and Section 5(2), Prevention of Corruption Act, 1947. 2. The respondent was employed in Chamba Municipality as Octroi Inspector from 14-9-1950 to 3-4-1951, on which latter date he was suspended. The charge against him was that amounts aggregating Rs. 1,369/7/9 were received by him from Jagdish Chand (P. W. 13) of Messrs. Sri Kanth Chowfla and Sons of Chamba as octroi duty under 3 receipts dated 21-11-1950, 2-1-1951 and 19-2-1951 but not deposited by him into the treasury. In other words, he was charged with having committed criminal breach of trust in respect of the said amount covered by the 3 receipts. The learned Magistrate acquitted him holding that it was no part of his duty to receive the alleged payments, and that the payments in question had also not been proved. 3. There was an...
The State of Himachal Pradesh Vs. Mirza
Court: Himachal Pradesh
Decided on: Oct-01-1953
Reported in: 1954CriLJ833
Chowdhry, J.C.1. This is a Government appeal under Section 417, Cr. P. Code, against the acquittal of one Mirza Hussain Beg by a first class Magistrate of Chamba of offences under Section 409, I. P. C. and B. 5(2), Prevention of Corruption Act, 1947.2. The respondent was employed in Chamba Municipality as Octroi Inspector from 14-9-1950 to 3-4-1951, on which latter date he was suspended. The charge against him was that amounts aggregating Rs. 1,369/7/9 were received by him from Jagdish Chand (P. W. 13) of Messrs. Sri Kanth Chowfla and Sons of Chamba as octroi duty under 3 receipts dated 21-11-1950, 2-1-1951 and 19-2-1951 but not deposited by him into the treasury. In other words, he was charged with having committed criminal breach of trust in respect of the said amount covered by the 3 receipts. The learned Magistrate acquitted him holding that it Was no part of his duty to receive the alleged payments, and that the payments in question had also not been proved.3. There was an objecti...
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