- (1.) One Mool Chand and the present revision petitioner were travelling in bus No. HRF 5200, going from Hansi to Tosham, on 18.12.1981 at about 2 p.m. Two ladies were found by the conductor to be travelling without tickets and the conductor asked those ladies the reason for such travelling and asked them to pay 10 times of the fare, but the ladies refused to do so. After some discussion, the ladies took out 10 rupee notes and the Traffic Manager, taking a lenient view, ordered that instead of 10 times the fare, the ladies be penalised with 10/- rupee tickets only. The conductor punched 10 rupee tickets and one Mool Chand intervened, saying that they may be punched tickets for Rs. 30/- and not Rs. 10/- only. He got Rs. 20/- more, but punched more tickets for that amount. Ashok Kumar present petitioner started calling bad names to the Traffic Manager and the said Mool Chand and 2/3 other persons also called bad names to the staff. These 2/3 persons jumped from the bus and ran away when the bus took a turn. Ashok Kumar was said to be under the influence of liquor. He gave slaps to Ram Kumar Conductor and tried to snatch the cash bag. One Mohan Lal, Steno intervened and asked him to stop doing so. The said Mohan Lal was also called bad names, as well as threatened by Ashok Kumar to kill him. In this way, Mool Chand and Ashok Kumar were stated to have obstructed Ram Lal in the discharge of his duty and insulted the staff. The bus was taken to the Police Station and these two persons were handed over to the police. This case was registered. After investigation, challan was put in and a charge under Sections 353.332/186 of the Indian Penal Code was framed against them. They claimed to be tried.
(2.) The prosecution examined PW.1 Radhe Sham, Driver, PW.2 Inspector Dhanpal Singh, PW.3 Randhir Singh, PW.4 Ram Kumar, Conductor, PW.5 Shri Rajbir Singh, Traffic Manager, PW.6 Balbir Singh, Deputy Inspector, PW.7 Mohan Lal, Steno, PW.8 SI Jai Narain and PW.9 Shri M.L. Verma, S.D.M. Hansi. The prosecution could not examine the remaining witnesses and the trial Court closed the prosecution evidence vide order dated 29.4.1985.
(3.) In their statements under Section 313 of the Code of Criminal Procedure, Mool Chand and Ashok Kumar denied the allegations of the prosecution. They examined one DW.1 Smt. Ram Piari and DW.2 Smt. Kala Wanti was tendered for cross examination. After hearing arguments, the trial Court convicted both of them under the aforesaid provisions, but feeling that the interests of justice would be served if both of them were given the benefit of probation and, therefore, ultimately, both of them were allowed probation, on their entering into bail bonds in the sum of Rs. 3,000/- with one surety, each in the like amount, for a period of one year under Section 4(1) of the Probation of Offenders Act. They were directed to attend the Court as and when required during the probation period.;