SHIVNARAYAN Vs. STATE

JUDGEMENT

(1.) THIS case comes up before me on a report made u/s 438 Cr. P. C. by the First Addl. Sessions judge, Morena.

(2.) THE facts of the case are that on checking truck No.M.B.B/1323 on 10 -3 -1959 Shri Krishnapalsingh, Station House Officer Jaura found its driver Shiv Narayan in a state of intoxication. The truck was also found to be overloaded. The accused on being asked by the Sub -Inspector to stop his truck on the side of the road, drove it away in the direction of Jaura,

(3.) ON the p.iculars of the offences being explained to the accused, he admitted only the fact that the truck was overloaded. The case was thereupon fixed for the evidence of the prosecution witnesses to be recorded on 28 -3 -1960. On that day none of the prosecution witnesses were present. But the accused presented an application to the Court stating that he was willing to admit his guilt with a request that the Court should pronounce judgment in the case on that very day. In response to this offer the learned Magistrate examined the accused u/s 342 Cr. P. C., convicted him only under Sec. 112 of the Motor Vehicles Act and sentenced in to pay a fine of Rs. 5/ -. The learned Magistrate, without recording any evidence, disbelieved the prosecution version about the truck being overloaded. Even though the accused admitted before him that he was under the influence of drink, the learned Magistrate did not convict him u/s 117 of the Motor Vehicles Act.