Law: Criminal Procedure Code (V of 1898)

Section: Ss. 190 (1) (c) & 191

Criminal Procedure Code (V of 1898), Ss. 190 (1) (c) & 191--- Cognizance of case under S. 124, Motor Vehicles Act (IV of 1939), on Magistrate's "own knowledge"-Accused pleading guilty at outset, and convicted in terms of S. 243, Criminal Procedure Code (V of 1898)-Conviction held, not invalid-Plea of "guilty" not "evidence" within meaning of phrase in S. 191 "before any evidence is taken"-Evidence Act (I of 1872), Ss. 3 & 58-Trial not a violation of bar of S. 191-Accused may waive objection to trial held by Magistrate taking cognizance on "own knowledge" under S. 190 (1) (c)-Criminal Procedure Code (V of 1898), Ss. 255 & 271 (2).   Abdul Sattar Molla v. The Crown P L D 1953 F C 145; The Empress v. Ashootosh Chackerbutty and others I L R 4 Cal. 482; Queen Empress v. Abdul Razzak Khan and others I L R 21 All. 109; Emperor v. Kishan Narain I L R 50 All. 599 and Alif Din v. State P L D 1958 Pesh. 6 ref.   JUDGMENT   These five references under section 438 of the Code of Criminal Procedure are made by the same Sessions Judge, namely, Mr. G. Mawla, Sessions Judge, Rangpur, recommending that the conviction and sentences passed upon the various accused persons should be set aside. Since the point of law for consideration in all the five references is the same, the five references are being disposed of by this one judgment.   Reference No. 92 of 1961 is in respect of the order of the Sub-Divisional Magistrate, Rangpur, dated the 26th of October, 1960, convicting Satya Pada Biswas under section 124 of the Motor Vehicles Act and sentencing him to pay a fine of Rs. 150, in default to suffer simple imprisonment for a period of one month.   Reference No. 93 of 1961 is in respect of another order of the Sub-Divisional Magistrate, Rangpur, dated the 26th of October, 1960 convicting Satya Pada Biswas under section 124 of the Motor Vehicles Act and sentencing him to pay a fine of Rs. 100 in default to suffer simple imprisonment for a period of one month.   Reference No. 94 of 1961 ~Is in respect of the order of the Sub-Divisional Magistrate, Rangpur, dated the 26th of October 1960,…