ABDUL QADIR Vs. STATE

JUDGEMENT

(1.) THE Applicant Abdul Qadir was convicted Under Sections 113/131 and 121 of the Railways Act and sentenced to pay a fine of Rs. 60/ -, or in default to undergo 15 days R.I. by Magistrate 1st class Haldwani by his order dt 30 -3 -70 passed in Cr. Case No. 13 of 1970. The Applicant filed a criminal appeal in the court of the Sessions Judge, Kumaon at Nainital which was dismissed by the order of the learned Judge dt. 4 -7 -70. He has now come up in revision -to this Court.

(2.) THIS revision came up for hearing before Hon'ble Gupta, J., who directed it to be laid before a Division Bench. It has therefore come up before us.

(3.) THE Applicant was asked Under Section 242 Code of Criminal Procedure whether he was found travelling without a ticket at Lalkuan on 1 -9 -68. He replied that he was not travelling without ticket but he was on duty at Lalkuan.