ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) One Mool Chand and the present revision petitioner were travelling in bus No. HRF 5200, going from Hansi to Tosham, on 18.12.1981 at about 2 p.m. Two ladies were found by the conductor to be travelling without tickets and the conductor asked those ladies the reason for such travelling and asked them to pay 10 times of the fare, but the ladies refused to do so. After some discussion, the ladies took out 10 rupee notes and the Traffic Manager, taking a lenient view, ordered that instead of 10 times the fare, the ladies be penalised with 10/- rupee tickets only.

(2.) The prosecution examined PW.1 Radhe Sham, Driver, PW.2 Inspector Dhanpal Singh, PW.3 Randhir Singh, PW.4 Ram Kumar, Conductor, PW.5 Shri Rajbir Singh, Traffic Manager, PW.6 Balbir Singh, Deputy Inspector, PW.7 Mohan Lal, Steno, PW.8 SI Jai Narain and PW.9 Shri M.L. Verma, S.D.M. Hansi. The prosecution could not examine the remaining witnesses and the trial Court closed the prosecution evidence vide order dated 29.4.1985.

(3.) In their statements under Section 313 of the Code of Criminal Procedure, Mool Chand and Ashok Kumar denied the allegations of the prosecution. They examined one DW.1 Smt. Ram Piari and DW.2 Smt. Kala Wanti was tendered for cross examination. After hearing arguments, the trial Court convicted both of them under the aforesaid provisions, but feeling that the interests of justice would be served if both of them were given the benefit of probation and, therefore, ultimately, both of them were allowed probation, on their entering into bail bonds in the sum of Rs. 3,000/- with one surety, each in the like amount, for a period of one year under Section 4(1) of the Probation of Offenders Act. They were directed to attend the Court as and when required during the probation period.