STATE OF MYSORE Vs. KRISHNACHARYA APPACHARYA JAHAGIRDAR
LAWS(KAR)-1966-2-2
HIGH COURT OF KARNATAKA
Decided on February 21,1966

STATE OF MYSORE Appellant
VERSUS
KRISHNACHARYA APPACHARYA JAHAGIRDAR Respondents

JUDGEMENT

- (1.)This is a reference made under Section 438 of the Code of Criminal Procedure by the Sessions Judge of Bijapur at the instance of the applicant accused Krishnacharya Appacharya Jahagirdar recommending that the conviction of the said applicant by the Judicial Magistrate, First Class, Indi-Sindgi, in Criminal Case No. 75 of 1965 be set aside.
(2.)The original allegation against him was that while he was driving the State Transport bus No. MYF 4039 on 22-1-1965 at about 8-35 P. M., on the Hippargi Talikot Road, the bus did not have either the rear lamp burning or the destination board properly illuminated and that the applicant (driver) did not permit a police jeep No. MYJ 19 to overtake it as he should have. On these allegations, three accusations were made against him viz., contravention of Rule 181(1)(c)(i) and Rule 181(4) of the Mysore Motor Vehicles Rules and Section 78 of the Motor Vehicles Act. The Magistrate acquitted him of the third accusation, viz., failure to permit the jeep to overtake his bus. He convicted him under the first two accusations proceeding on the assumption that he had pleaded guilty.
(3.)The Sessions Judge in his reference states that the Magistrate's assumption that the accused had pleaded guilty is not correct. He further expresses the view that on merits also the conviction of the accused on the first two counts is unsustainable.


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