NARAIN SINGH Vs. STATE

JUDGEMENT

(1.) THIS case comes on the report of the Sessions Judge, Bikaner, dated 15th of Jan. 1955.

(2.) THE facts giving rise to it are that one Narain Singh was prosecuted under sec. 112 of the Motor Vehicles Act. THE case came for hearing before the City Magistrate, Bikaner, on 8th of April, 1954. It was tried as a summons case and, therefore, the Magistrate stated to the accused the particulars of the offence and he was asked if he pleaded guilty or not. THE accused declined to take any plea before the arrival of his counsel. THEreupon, the Magistrate convicted him of the said offence and sentenced him to pay a fine of Rs. 20/-or to suffer one month's simple imprisonment. Against the said judgment dated 8th of April, 1954, the accused approached the learned Sessions Judge, Bikaner. THE learned Judge has reported that the trial was irregular and, there fore, he has recommended that the conviction should be set aside and the case should be sent back for retrial.