DALIP SINGH Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These are two rules in revision and have been obtained against the decision dated 13 -6 -1972 of the Sessions Judge, Mahasu in two cases arising under the Motor Vehicles Act whereby Dalip Singh has been convicted and sentenced to pay different amounts of fine and to undergo simple imprisonment in default of payment of fine.

(2.) Criminal Revision No. 76 of 1972 relates to a surprise traffic check said to be made by the S.H.O. Theog at 5.15 P.M. on 9 -12 -1971 and it was stated that Dalip Singh accused was driving the Jeep HIL -3974 rashly and that he was signaled by the police officer, but he did not stop the vehicle. As such he committed the offences under Sec. 87 read with Sec. 112 and under Sec. 116 of the Motor Vehicles Act. The accused was produced in court on 17 -12 -1971 as a result of a warrant issued against him. He admitted that he had committed the offences, and was sentenced to pay a fine of Rs. 100/ -; in default, to undergo simple imprisonment for 20 days for the offence under Ss. 87/112, and to pay a fine of Rs. 400/ -; in default, to undergo simple imprisonment for one month for the offence under Sec. 116 of the Motor Vehicles Act.

(3.) Criminal Revision No. 77 of 1972 relates to another surprise traffic check made by the S.H.O. Theog on 8 -12 -1971 at 3.30 P.M. at Matiana and it was stated that Dalip Singh accused was found driving the same Jeep HIL -3974 rashly and it was stopped by the police officer who gave a signal. The accused did not stop the vehicle. It was also noticed that instead of one, two persons were sitting by the side of the driver and that was a separate offence committed by the accused. A warrant was issued for appearance of the accused and his statement was recorded on 17 -12 -1971. He admitted to have committed the offences and was sentenced to pay a fine of Rs. 350/ -under Sec. 116, to pay a fine of Rs. 100/ - under Ss. 83/112 and to pay a fine of Rs. 50/ - under Ss. 87/112; and in default, to undergo simple imprisonment for 20 days and 15 days.