JAGMALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS the point involved in all the three revision petitions are common they are being disposed of by a common order.

(2.) FIRST I come to the facts of the three cases under which the three revision petitions arise and thereafter after narrating the points involved will proceed to discuss and decide them.

(3.) S. B. Criminal Revn. No. 233 of 1980 arises out of Criminal Original Case No. 579 of 1979 of the Court of Judicial Magistrate, First Class (Roadways), Jodhpur. The petitioner Jagmala Ram was a bus conductor in the employment of the Rajasthan State Road Transport Corporation (for short, 'the Corporation' hereinafter) and at the relevant time, was posted at Jodhpur depot. The petitioner was conductor of Bus No. RRG 3905 of the Corporation which was going from Jodhpur to Luni on Aug. 16, 1979 in the afternoon. The said bus was checked by Shri Sardar Ali, Assistant Traffic Inspector of the Corporation, who is non-petitioner No. 2, at village Kankani. The Mobile Magistrate was also following the said bus along with police staff. It is alleged that about 28 1/2 passengers were found without tickets in the bus and the petitioner, though had collected fare from them, but negligently or wilfully, omitted to supply any ticket to the above-numbered passengers. A complaint was submitted at the spot on the roadside before the Magistrate and when substance of accusation of an offence under Section 8 of the Rajasthan State Road Transport Services (Prevention of Ticketless Travel) Act, 1975 (for short 'the Act' hereinafter) against the petitioner was read over to him, he' pleaded not guilty and claimed to be tried. On behalf of the prosecution, as many as eight witnesses were examined including seven passengers to whom the petitioner is said to have not given the ticket in spite of having charged fare from them. The petitioner did not put any question in cross-examination to any of them. After examining the petitioner under Section 313, Criminal P. C, the learned Magistrate, at the spot, convicted the accused petitioner under Section 8 of the Act and sentenced him to undergo seven days' simple imprisonment. The petitioner preferred an appeal before the learned Sessions Judge, Jodhpur, who dismissed the same under his judgment dated 24-7-80 which has been challenged in this revision petition.