RANJEET SINGH Vs. STATE

JUDGEMENT

(1.) THIS case has come up before us on a reference made by a learned single Judge (Mathur, J.) in connection with the conviction of Anrudh for assault on a driver in the roadways bus and the sentence of 12 months Rule 1. under Section 332, I. P. C. by the Judicial Officer Deoria. In appeal also the conviction and sentence were upheld. The case came up in revision before the learned Single Judge of this Court. A decision of Broome, J. of this Court in Cr. Revn. No. 1463 of 1960 (All), Ram Prakash v. State, was cited before him. In that case, Broome, J. relying upon the case of G. A. Monterio v. State of Ajmer, (S) AIR 1957 S C 13, held that the driver of a roadways bus within the meaning of Section 21 I. P. C. (Sic) was a public servant. On behalf of the accused the case of atya Narain Singh v. District Engineer P. W. D. Baliia and another, AIR 1962 S C 1161, was cited in which it was held that roadways vehicles crossing over ferries cannot be regarded as crossing on public service under the provisions of the Notification issued under Section 15 of the Northern India Ferries Act, 1878. It was contended before the learned single Judge that 'public duty' under Section 21 (9), I. P. C. Implies performance of duty in or in connection with public service and that consequently the employees of the State Road Transport were not entrusted with the performance of public duty. Clause (9) of Section 21, I. P. C. runs as follows :

(2.) WE think that such an officer would, under Section 21 of the Penal Code, be covered by the words "public servant".

(3.) THE first part of this clause says that every officer whose duty it is, as such officer, to 'keep' any property on behalf of Government, would be a public servant. The driver of a roadways bus is responsible for proper care and maintenance of the vehicle in his charge. Thus his duty is, as a driver, not only to drive the bus but also to keep the vehicle under proper care and maintenance while he is in charge of it. He is therefore a public servant under the provisions of first part of Clause (9) of Section 21, I. P. C. In any case, he is covered by the second part of the clause which says that 'public servant 1 denotes every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty. He is in the pay of Government, in the service of Government and is also performing public duty of keeping the vehicle in his charge and maintaining the same.