Emperor vs Surendra Chandra Das

Adami, J.—This is a reference by the Deputy Commissioner of Singhbhum regarding the sentence passed upon the accused Surendra Chandra Das, who was convicted by the Deputy Magistrate u/s 408, I.P.C. in respect of the embezzlement of Rs. 2,400 and was released by the Deputy Magistrate by an order u/s 502, Criminal P.C. directing him to enter into a bond of Rs. 2,500 with two sureties to appear and receive sentence when called upon during the period of two years, and in the meantime to be of good behaviour.

The accused was the Jamshedpur Agent of Messrs. Brooke Bond and Co., and was entrusted with the duty of selling their tea in that locality. It appears that on hearing from the Calcutta Manager of the firm that he intended to visit Jamshedpur to inspect the accounts, the accused went to Calcutta and informed the Manager that he was short of cash and stock to the extent of Rs. 2,400. Action was then taken by Messrs. Brooke Bond and Co. with the result that the accused was put upon his trial and convicted as I have stated above.

The learned Deputy Commissioner in referring the case to this Court recommends that the order passed on conviction of the accused was altogether inadequate. He recommnends that the sentence be altered to one of rigorous imprisonment for six months with a fine of Rs 1,000 or in default a further term of six months'' rigorous imprisonment.

The accused was called upon to show cause why sentence should not be passed upon him as recommended. The points put forward on his behalf are that he is a young man of respectable family and that he had far too much work.

The accused''s story, however, was that on two occasions his pocket had been picked and thus he lost most of the sum with the embezzlement of which he is charged and that he contributed Rs. 300 towards the Strikers'' Union on various occasions. He admits that his cash and stock were short to the extent charged.

The learned Deputy Magistrate in passing his order states that the accused is a young man of respectable family ; that he was alone and was doing work which four clerks formerly used to do ,and for that reason he says:

He must therefore be a busy man and so his story that he had a sunstroke and that ha was once pickpookotfced cannot therefore be said to be false.

It is quite obvious to any intelligent man that the story of two successive occasions on which his pockets were picked cannot be believed : nor does it follow that because the accused is respectable and was doing the work of four persons, his story about his pockets being picked should be believed.

In our opinion the order of the Deputy Magistrate was not justified. Were the order to stand, it is clear that there would be an inducement to agents of the company and of other companies to commit malpractices since they would have the knowledge that they could commit the offence with impunity. The mere fact that the accused comes of a respectable family cannot a justification for imposing a lighter sentence, for the more respectable and better educated a man is, the less temptation there should be to commit offences.

The order passed u/s 562, Criminal P.C. must be set aside. The sentence recommended by the learned Deputy Commissioner is not a very heavy one, and we will adopt the recommendation and sentence the accused to six months, rigorous imprisonment and a fine of Rs. 1,000 or in default a further term of six months'' rigorous imprisonment. The accused will now surrender to undergo the sentence.

Fazl Ali, J.

I agree.