- (1.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor and perused the record of the case.
(2.) This criminal revision petition has been filed against the judgment dated 7th January, 1987 passed by the learned Sessions Judge, Merta in Criminal Appeal No. 30/82 affirming the conviction and sentence passed by the learned Munsif and Judicial Magistrate, Ist Class in Criminal Case No. 4/79 whereby the accused-petitioner was convicted u/S. 409, IPC and was sentenced to rigorous imprisonment for two years and a fine of Rs. 500/- and to undergo further simple imprisonment for six months for default in payment of fine. 2. The facts of the case so far as they are relevant for the purpose of this petition may be summarised as below :- The petitioner Hem Singh was in the employment of Rajasthan State Roadways Transport Corporation. He was holding the post of the Conductor. On 29th November, 1978 he was working as a Conductor on Bus No. RJL 6636. The bus started from Narayanpura Station at about 2 a.m. The destination was Kuchaman City and there were passengers in the bus. The fare, which were payable by every passenger was 70 paise. According to prosecution, the petitioner charged the fare from all the passengers, who were travelling in the bus but he did not issue the tickets and kept the whole amount which he had realised as fare from the passengers with him. When the bus reached Kuchaman City, Rameshwar Lal, the then member of the Legislative Assembly and other passengers demanded ticket from the petitioner, but the petitioner did not issue tickets to them. Thereafter, at the instance of Rameshwar Lal, the bus was taken to Police Station, Kuchaman City and first information report was lodged against the petitioner. The police started investigation. During investigation, the amount which had recovered from the passengers, the ticket book etc. were seized and after completing investigation report u/S/ 173, Cr. P.C. alleging the commission of offence u/S. 409, IPC was submitted in the Court.
(3.) On the basis of the report submitted by the police u/S. 173, Cr. P.C., the learned Judicial Magistrate, Ist Class took cognizance of the offence u/S. 409, IPC. Charge u/S. 409, IPC was framed against the accused-petitioner. He pleaded not guilty to the charge.;