REX THROUGH SUBEDAR SINGH Vs. JOKHU

JUDGEMENT

(1.) Three persons, namely Jokhu, Sukhu and Rangu were prosecuted under Secs.25, 26 and 28, Northern India Ferries Act (Act XVII of 1878) in the Court of the Sub-Divisional Magistrate, Banaras (North). Rangu pleaded guilty and was convicted under Secs.25 and 26 of the Act and sentenced to fines. The respondents, Jokhu and Sukhu, were also convicted under the same sections and sentenced to fines. All the accused persons were, however, acquitted under Section 28 of the Act. Rangu did not appeal from his convictions and sentences. The respondents went up in appeal to the Sessions Judge of Banaras and the learned Additional Sessions Judge by whom the appeal was heard allowed it and set aside the convictions and the sentences that had been passed upon the respondents. An appeal has been filed on behalf of the Provincial Government against the acquittal of the two respondents.

(2.) The case against the respondents is that they worked a ferry from a point within a distance of two miles from the limits of the ferry at Dharahra Ghat on the river Gomti in the district of Banaras. The Dharahra Ghat ferry is a public ferry and the contract for running this ferry for the year 1944-45 had been given to one Subedar Singh. Under Section 13 of the Act no person is allowed to work a ferry to or from any point within a distance of two miles from the limits of a public ferry and the respondents were charged with having contravened the provisions of this section, such contravention being punishable under Section 26 of the Act. There was also a charge against them under Section 25 of the Act on the ground that they obstructed the contractor of the public ferry at Dharahra Ghat in the execution of his duty under the Act, within the meaning of that section.

(3.) The learned Magistrate wag satisfied on the evidence that the distance of the point at which the respondents had admittedly worked a ferry, namely, Gauri Ghat, from Dharahra Ghat was less than two miles and the learned Additional Sessions Judge also accepted that evidence as correct. We have also looked through the evidence and are satisfied that the distance between Dharahra Ghat and Gauri Ghat is less than two miles. The distance was actually measured by the District Board Overseer, Shyam Adhar Singh, and according to his report the distance is one mile, five furlongs and six hundred and twenty feet. A rough measurement was also made by Sub-Inspector Mathura Singh. He however made the measurement by paces. There is also the evidence of the patwari that the distance between the two places is less than two miles. We see no reason to disagree from the finding arrived at by the Courts below in regard to the shortest distance between these two points. The learned Additional Sessions Judge however is of opinion that for the purposes of Section 13 of the Act the distance should be measured along the river. He found that the distance between the two points along the water of the river was more than two miles and in this view of the matter he found that the respondents had committed no offence under the Act.