KASI VISWANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision is against the order of the Sub-Divisional Magistrate, Tiruchirapalli, dismissing the petitioner's appeal, preferred against the conviction and sentence of the petitioner by the Sub-Magistrate of Tiruchi-rapalli for an offence under Section 82, Motor Vehicles Act.

(2.) The petitioner was a conductor in charge of bus No. MDW 2772, which was proceeding on 28-6-1951 from Dindigul to Tiruchirapalli. At Ramjinagar, a place 6 miles from Tiruchirapalli, the petitioner was travelling on the tunning foot-board of the bus at about 7-5 p.m. and this was noted by H. C. 386. A complaint was laid under Section 82, Motor Vehicles Act read with Section 112 of the same Act. The finding of the first Court is that he was found standing on the foot-board of the bus by the H. C., who was examined as P. W. 1 and also by another independent witness, P. W. 2, which finding of fact has also been accepted by the Sub Divisional Magistrate in appeal. The argument on behalf of the petitioner in both the Courts was that Section 82 does not prevent either a driver or any person in charge of a motor vehicle -- here there is no dispute that the conductor is a person in charge of the motor vehicle -from standing on the running board. Section 82, Motor Vehicles Act is in the following terms :

(3.) The revision is allowed and the conviction Is set aside and the fine, if paid, will be refunded.