B.N. Katju, J. - (1.) THE Applicant Abdul Qadir was convicted Under Sections 113/131 and 121 of the Railways Act and sentenced to pay a fine of Rs. 60/ -, or in default to undergo 15 days R.I. by Magistrate 1st class Haldwani by his order dt 30 -3 -70 passed in Cr. Case No. 13 of 1970. The Applicant filed a criminal appeal in the court of the Sessions Judge, Kumaon at Nainital which was dismissed by the order of the learned Judge dt. 4 -7 -70. He has now come up in revision -to this Court.
(2.) THIS revision came up for hearing before Hon'ble Gupta, J., who directed it to be laid before a Division Bench. It has therefore come up before us. The case of the prosecution is that the Applicant was found travelling without a ticket on 1 -9 -69 at about 2 -15 p.m. at Lalkuan in train No. 55 UP which runs from Kasganj to Kath -godam by Sri V.N. Gupta, Ticket Collector, Lal Kuan. Sri Gupta took the Applicant to the room of the Asstt. Station Master at Lalkuan and told the Asstt. S.M. that the Applicant was travelling without a ticket and was not paying the fare and the excess charge. The Asstt. S.M. asked the Applicant to pay the same and also told him that in case he did not make the payment he would send for the Station Master. The Applicant tried to run away but was caught by Sri Gupta. The Applicant then caught hold of Sri Gupta and tried to assault him with his sandal. He was however prevented from doing so by the persons who had gathered there. The Station Master was thereafter called and Sri Gupta prepared the charge sheet which was signed by the Station Master.
(3.) THE Applicant was asked Under Section 242 Code of Criminal Procedure whether he was found travelling without a ticket at Lalkuan on 1 -9 -68. He replied that he was not travelling without ticket but he was on duty at Lalkuan.;