STATE OF KARNATAKA Vs. KRISHNAGOWDA

JUDGEMENT

(1.) The appeal by the State is directed against the judgment dt. Sept. 17, 1979, passed by the Sessions Judge, Kolar, in Crl.A No. 15/79 quashing the conviction of accused No. 1 Respondent No. 1 for the offence under S. 12 read with S. 3 of the MV Taxation Act and convicting him of the offence under R. 36 read with R. 37 of the MV Taxation Rules.

(2.) Respondent No. 1 Krishna Gowda is the owner of a tractor MYK 5038 along with a trailer attached to it. Respondent No 2 H. M. Nanjuude Gowda was tht driver of the said tractor and on the date of offence 7 baskets full of cocoons were being transported to Kolar from Karadagurki, the village of the accused, in contravention of the exemption granted under S. 16 of the Kar. MV Taxation Act, 1937. It is also alleged that Nanjunde Gowda had no valid driving motor licence etc. Accordingly, both the accused were prosacuted for the various offences.

(3.) The trial Court, on appreciation of the evidence, convicted accused No. 1 for the offence under S 12 r/w S, 3 of the MV Taxation Act and A 2 for the various offences.