YAKOOB Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the learned Additional Sessions Judge Indore.

(2.) THE facts giving rise to the present reference are as follows: goods-truck belonging to one Ramanbhai Chhotabhai was being taken by the accused Yakoob from Indore to Julwania. This was checked near bijalpur. The prosecution case is that the truck had no side mirror as required by Rule 129 of the Motor Vehicles Rules Samvat 2006 and it did not bear the letters R. L. W. as required by Rule 31 of the aforesaid rules. On these facts he was prosecuted before the First Class Magistrate, indore. The learned Magistrate found the accused guilty and convicted him under Section 112 of the Motor Vehicles Act for transgressing the aforesaid Rules and sentenced him to a fine of Rs. 2/- and 3/respectively in respect of these two charges.

(3.) ACCUSED preferred revision petition in the Court of Sessions and the learned additional Sessions Judge who heard the matter was inclined to hold that the conviction of the accused in respect of the offence involving transgression of Rule 129 was proper. He however held that his conviction for transgressing Rule 31 was not entitled to stand. He has therefore made this reference.