STATE OF MADHYA PRADESH Vs. RAMCHARAN

JUDGEMENT

(1.) BY this 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 Rameharan 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 Rameharan and Jeewanlal be confirmed.

(2.) ON 28-7-1963 while checking the passenger bus owned by Jeewanlal and which was driven by Rameharan with Ramsingh as its conductor it 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.) THE trying Magistrate convicted not only the driver and the conductor but also the owner Jeewanlal although he was not present in the bus at the lime of checking.