STATE Vs. AMRIK SINGH

JUDGEMENT

(1.) AMRIK Singh (respondent) was tried by the Additional District Magistrate, Rohtak, in exercise of his summary jurisdiction under Chapter XII of the Code of Criminal Procedure for contravention of Section 71 of the Motor Vehicles Act, 1939. It was alleged that at 1225 P. M, on 29th March, 1961, while he was driving his passenger-bus No. PNR 2520 on Rohtakgohana road, he was found by Inspector Sri Ram, P. W. 1. of the Motor Mobile Patrol, going at the speed of 41 miles per hour, which was 11 miles per hour in excess of the maximum speed fixed by law for the passenger-bus. The prosecution in support of its case had examined Inspector Sri Ram, P. W. 1.

(2.) AMRIK Singh, however, denied the allegation of over-speeding, and in support of his plea that he was going at a speed less than 30 miles per hour examined Ishar Das, D, W. 1, and Charan Das, D. W. 2, who claimed to have been travelling in the same bus.

(3.) THE learned trial Magistrate, without going into the merits of the case, acquitted Amrik Singh recording the brief order, which reproduced in extenso runs as follows: