RAMCHARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) BY his report under section 438, Criminal Procedure Code, the Sessions Judge, Chhindwara, has recommended that the conviction of the accused -owner Jeewanlal under section 42/123 of the Motor Vehicles Act, be set aside but the conviction on that count of accused Ramcharan and Ramsingh be confirmed, and that conviction of Ramsingh under section 22/122 of the said Act be set aside while the conviction on the said count of Ramcharan and Jeeewanial be confirmed.

(2.) ON 28 -7 -1963 while checking the passenger bus owned by Jeewanlal and which was driven by Ramcharan with Ramsingh as its conductor it was found to be overloaded by allowing more passengers to travel therein than what was permitted, and that the said vehicle was not registered, its registration under the Motor Vehicles Act having expired on 30.6.1963.

(3.) ACCORDING to the learned Sessions Judge, the owner could not be convicted with respect to the offence of overloading and the conductor could not be convicted with respect to the offence of plying the vehicle having no valid registration certificate. Hence his recommendations as pointed out in the beginning.