Ram Nath Sharma, J. - (1.)This is a reference from the Additional Sessions Judge, Gonda, recommending that the order of the Railway Magistrate convicting and sentencing the accused, Ramdin Under Sec. 112 of the Indian Railways Act be set aside and fine, if paid, be refunded.
(2.)I have heard Mr. G.C. Sinha who appears to support reference and the learned Assistant Government Advocate opposes it.
(3.)Ramdin is a bearer in the refreshment room at Gonda Railway Station. On 7 -3 -1965 he was founded travelling without ticket or pass by 1 Up Mail running from Gorakhpur towards Luck -now. When checked by a Travelling Ticket Examiner he could not produce a ticket or pass. He was, therefore, charge -sheeted Under Sec. 112 of the Indian Railways Act and was produced before a Railway Magistrate, who was travelling by the same train, at Barabanki Railway Station. The Magistrate proceeded to hold a summary trial. A question was put to Ramdin Under Sec. 242 of the Code of Criminal Procedure whether he was travelling in III Class of 1 Up Mail from Gorakhpur to Gonda without ticket with the intention of defrauding the Railway Administration and whether thus he committed an offence Under Sec. 112 of the Indian Railways Act. The accused Ramdin replied that he was a bearer in the Railway refreshment room at Conda, that at the moment he was travelling from Mankapur without a ticket or pass that he wanted to be excused, that the offence was admitted by him and that he had nothing more to add. Considering this to be an admission of commission of the offence the Magistrate proceeded Under Sec. 243 of the Code of Criminal Procedure and convicted Ramdin. He was sentenced to pay a fine of Rs. 30 in addition to the amount due to the Railway as fare. After conviction Ramdin filed a revision before the Sessions Judge, Gonda and the learned Additional Sessions Judge who heard the revision has made this reference.