EMPEROR Vs. SULEMAN ABBA

JUDGEMENT

(1.) This is a reference from the Sessions Judge of Kaira, who has submitted the case to this Court on the ground that failure of justice has been occasioned by the accused having been tried for more than three offences of the same kind committed within the space of twelve months ; he also holds that the case involves important points of law which require to be decided by this Court.

(2.) The applicant in this case has been convicted under Section 186 of the Indian Indian Penal Code by the Magistrate, First Class, Kaira, in that between July 3 and 8, 1933, both days inclusive, he drove his motor bus through the Vasana checking toll bar at Vasana without stopping. He avoided the main toll bar on the abovementioned dates by taking the Nal road and driving through the Vasana checking bar without stopping to pay the toll, although the toll collector signalled to him to do so. The applicant is a licensed driver who runs a motor bus between Ahmedabad and Radu.

(3.) The three points raised by the learned Sessions Judge are : (1) whether the toll contractor was a public servant within the meaning of Section 186 ; (2) whether the applicant voluntarily obstructed the toll collector in the discharge of his duties; and (3) whether there was a misjoinder of six distinct acts committed by the applicant on six different dates.