Supreme Court of India · 1955-12-07
CHANDI PRASAD SINGH vs THE STATE OF UTTAR PRADESH.
- Citation / case number
- SC 1954/90314
- Court
- Supreme Court of India
- Petitioner
- CHANDI PRASAD SINGH
- Respondent
- THE STATE OF UTTAR PRADESH.
- Bench
- AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 409 IPC for misappropriation and Section 477-A IPC for falsifying a minute book. The Court ruled that the Sessions Judge acted within his legal authority by not referring the entire case under Section 307 of the Code of Criminal Procedure, as it only applies to jury trials. The Court confirmed the High Court's decision, which sentenced the appellant to four years of rigorous imprisonment for Section 409 IPC and two years for Section 477-A IPC, establishing that the distinction between a servant and an agent is crucial in determining liability.