FAKIR MOHAN DAS Vs. STATE

JUDGEMENT

(1.) THESE two petitions are directed against two orders of the learned Sessions Judge of Mayurbhanj of even date, i. e. , 1-10-1956, convicting the petitioners under Section 123 of the Indian Motor Vehicles Act (Act No. IV of 1939) (hereinafter referred to as the Act') and sentencing each of them to pay a certain fine.

(2.) BOTH the petitions were first heard by two single Judges of this Court and later were referred to a Division Bench and were made analogous. Accordingly, they were heard together, and are governed by this common judgment.

(3.) BEFORE dealing with the point of law, I would like to state the facts in each case which are rather simple. In Criminal Revision No. 264 of 1956, the petitioners, Fakir Mohan Das and Narendra Mohan Panda were the driver and conductor respectively of a State carriage bearing No. O. R. B. 473. The prosecution case was that they were carrying sixty-one passengers while the seating capacity of the carriage was only twenty-five, according to the permit issued by the appropriate authority. The accused persons pleaded guilty and did not claim to be tried. Accordingly, the learned Magistrate found that the overloading was clearly in contravention of Sub-section (1) of Section 42 of the Act and convicted them under Section 123 and sentenced each to pay a fine of Rs. 300/-, in default to undergo simple imprisonment for two weeks. The accused persons however carried an appeal to the learned Sessions Judge, Mayurbhanj, who by his order dated 1-10-1956, upheld the conviction and sentence as passed by the learned Sub-Divisional Magistrate, Balasore,. It is against this order of the learned Sessions Judge that the present revision is directed.