provisions of sections 113 and
122 of the Act make travelling without ticket
punishable under certain circumstances
and liable for payment of fare and fine ... prohibition under
section 68 of the Act against boarding a
train without ticket that the deceased was a
10
bona fide passenger. Since ticketless travel
checking squad interalia stating that, 13 passengers were travelling
without ticket of denomination of Rs.5/-, Rs.5.50 paise and Rs.6/-. The
checking ... passengers and alleged that, 6 passengers were travelling
without ticket of Rs.6/-, 4 passengers without ticket of Rs.5/- and
another 4 passengers without
Inspectors intercepted the bus and found five passengers
were travelling without tickets ... Inspectors inspected the bus
and noticed that there are 5 passengers without ticket and
Exhibit-M4 is the penalty receipt issued by the respondent-
management
before the stage came and as such 6 passengers were found without tickets in the bus when it was checked ... with the tickets with him, leaving 6 passengers in the bus without tickets (as contended by the respondent), with reference to waybill, the respondent could
examine the Police Inspector at whose instance, he allowed 9 passengers without ticket, nor he stepped into the
witness-box, nor brought any material ... held that in such cases where the bus conductors carry passengers without ticket or issue tickets at a lesser rate than the proper rate
accused was the conductor and also found 9 passengers travelling without tickets. They came to know on enquiry that the accused had collected the legal ... really was at Arahatti and if nine passengers were found travelling without tickets from Malebennur to Shimoga as it was sought to be made
were recovered, but journey ticket
was not recovered. Therefore, suspecting that the
deceased has not purchased the ticket and without ticket,
he had travelled. Therefore ... ground to say that
the deceased had travelled without ticket. The ticket might
have been lost in the mortuary where before conducting
post mortem
that the charge against the respondent that there were 12 passengers without tickets is not proved. Learned Judge has not read the evidence properly ... tickets in the bus, if the number of passengers in the bus were 5 8 and 46 had valid tickets and 12 passengers without tickets
statement of
the passengers who were found to be travelling without
ticket and the said statement was produced in the enquiry.
However, the said statement ... passengers were imposed with penalty would
indicate that they were travelling without ticket and that
was due to the misconduct and dereliction of duty
staff
having collected the fine from the passengers, who were
found without tickets and in that view, it is pointed out,
when ... seen that he has admitted that the
passengers, who were traveling without tickets had
admitted to the said position and had paid the penalty