RATNAKUMAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner has been convicted by the learned Sub-Divisional Magistrate, Mangalore, of an offence under Section 116 of the Motor Vehicles Act and sentenced to a fine of Rs. 10/- and in default to suffer S. I., for one month.

(2.) The charge against the petitioner was that he, being a driver of motor cycle bearing No. MYX 2000, on 6-9-1964 at about 5-50 P. M. at Kankanady Bendoor Well Road was found driving the same in the Public Road at a high speed and in a manner dangerous to the public and thereby he committed an offence punishable under Section 116 of the Motor Vehicles Act.

(3.) The only witness examined in the case is P. W. 1, the Police Officer who was on traffic duty that evening. He has stated that he saw the said motor cycle being driver by the petitioner (accused) from Kankanady side towards Bendoor well in a high speed and in manner dangerous to the public. He also stated that the petitioner tried to over-take a lorry coming in the same direction without giving signal to the driver of the lorry and sounding the horn. He has further stated that there were several persons going in the road at that time.