STATE OF HYDERABAD Vs. K B SWAMI GUPTA

JUDGEMENT

(1.) THIS is criminal appeal No. 48/6/1954. The City Criminal Court, Division III, by judgment dated 7-1-1954, acquitted the respondent of an offence Under Sections 78 and 112, Hyderabad Motor Vehicles Act. Hence this appeal. We have heard the arguments of the learned Senior Government Advocate. Shri Mohd. Mirza. for the State and that of the learned advocate, Shri J. V. Narainga Rao, for the respondent.

(2.) WE have perused the judgment. It appears that the respondent was driving a motor-car and proceeding from Troop Bazar side to Putli Bawli via old Residency Gate. At the traffic post just before the gate, the Police Officer doing traffic duty stopped the respondent but he did not obey the signal and proceeded towards Putli Bawli. This fact has been deposed to by three Police witnesses. In rebuttal the defence witness has deposed that the signal was obeyed and the Police Officer doing the traffic duty was rude to the respondent. We are of the opinion that the evidence led by the prosecution is reliable.

(3.) THE learned trial Judge has, however, observed that: