GHANDRA DEO SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against the conviction of Chandra Deo Singh, a bus driver and Phani Bhusan Maiti, a bus conductor under section 123 of the Motor Vehicles Act. The prosecution case was briefly as follows :

(2.) Bus No. W. G. B. 769 has permanent route permit for the route Contai- Digha. The owner of the bus is Ram Prosad Singh. The owner applied for a temporary permit for proceeding up to Deulihat alias Durgapur for one month. The temporary permit issued gave permission "for one month till 15.4.53". But before the term of one month ending 15.4.53 started, that is, on 12.3.53 the bus in question was driven with a load of passengers to Deulihat alias Durgapur and at that time the driver in charge was Chandra Deo Singh and the conductor was Phani Bhusan Maiti.

(3.) A case under section 123 of the Motor Vehicles Act for contravention of the provisions of the permit was started not only against the two petitioners, Chandra Deo Singh and Phani Bhusan Maiti, but also against the owner, Ram Prosad Singh. The learned Magistrate acquitted the owner on the finding that there was nothing to show that the owner had caused or allowed the motor vehicle to he taken to Deulihat or Durgapur. The learned Magistrate, however, found that the driver and conductor had contravened the terms of the permit and were, therefore, liable to be convicted under section 123 of the Motor Vehicles Act. The sentence passed was a fine of Rs. 50 each and in default simple imprisonment for one month each.