Bangalore District Court
State By Jayanagar Traffic P.S vs ) Gangadhara Gwoda A.N on 31 August, 2015
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT - IV, BANGALORE
PRESENT: SMT. LATHA DEVI G.A. BAL., LLB., LLM.
MMTC - IV, BANGALORE
DATED : THIS THE 31st DAY OF AUGUST 2015
C.C. NO.5747-2015
COMPLAINANT: State by Jayanagar Traffic P.S.
VS.
ACCUSED: 1) Gangadhara Gwoda A.N.,
S/o Nanjunde gwoda A.S.,
Age: 29 years,
No.266, Alburu, Tiptur Taluk,
Tumkuru - 572202
Karnataka
(Represented by Sri K.B.C. adv.)
***
JUDGEMENT
The Sub-Inspector of Jayanagar Traffic Police Station has filed the charge sheet against the accused for the offences punishable U/s.279 & 338 of IPC, Sec.134(b) punishable under section 187 of I.M.V.Act.
2 C.C.No.5747-152. THE CASE OF THE PROSECUTION IS:
That on 23-02-2015 at about 8.30 a.m., the accused being the driver of Car bearing registration No.KA-44/2951, within the jurisdiction of Jayanagar traffic Police Station drove his vehicle on a public road, near BIA school from east to western direction on 32nd cross, 2nd main, Jayanaggar 7th Block, i.e., from 4th main towards Kanakapura road and had dashed against the pedestrian (C.W.2) who was standing in order to cross the road in front of BIA school, 2nd main, 32nd cross, as a result of accident the pedestrian sustained grievous injuries on the left leg. The accused without informing the jurisdictional police about the accident, had fled away from the spot of the offence, thereby the accused is alleged to have committed the offences punishable U/s.279, 338 of IPC, Sec.134(b) punishable under section 187 of I.M.V.Act.
3. The accused had appeared before the court and has obtained bail. Prosecution documents were furnished to the accused. The court had framed the plea against the accused for the offence punishable 3 C.C.No.5747-15 U/s.279, 338 of IPC, Sec.134(b) punishable under section 187 of I.M.V.Act. The same was read over and explained to the accused in Kannada language known to accused. The accused has pleaded not guilty and has claimed to be tried.
4. In order to prove the guilt of the accused the prosecution has examined one witness as P.W.1 and 6 documents were marked as Ex.P.1 to 6 on its behalf.
5. After closure of the prosecution evidence, the statement of the accused was recorded U/s.313 of Cr.P.C. and the accused was explained about the incriminating circumstances that have appeared against him in the evidence of the prosecution, but the accused has denied all the allegations made against him and not chose to adduce defence evidence on his behalf.
6. Heard both the sides.
4 C.C.No.5747-157. The points that arise for my determination are as under:
1. Whether the prosecution proves beyond all reasonable doubt that on 23-09-2014 at about 8.30 a.m., the accused being the driver of Car bearing registration No.KA-
44/2951, within the jurisdiction of Jayanagar traffic Police Station drove his vehicle on a public road, near BIA school from east to western direction on 32nd cross, 2nd main, Jayanaggar 7th Block, i.e., from 4th main towards Kanakapura road and had dashed against the pedestrian (C.W.2), thereby the accused is alleged to have committed an offence punishable U/s.279 of IPC?
2. Whether the prosecution further proves that on the above stated date, time and place the accused being the driver of the said vehicle, while driving his vehicle from 4th main towards Kanakapura road and had dashed against the pedestrian (C.W.2) who was standing in order to cross the road in front of BIA school, 2nd main, 32nd cross, as a result of accident the pedestrian sustained grievous injuries on the left leg, thereby the accused is alleged to have committed an offence punishable U/s.338 of IPC.?
3. Whether the prosecution further proves that the accused did not intimate the police about the accident, thereby the accused is alleged to have committed an offence punishable U/s.134 (b) punishable under section 187 of I.M.V.Act?
4. What order?
5 C.C.No.5747-158. My findings on the above said points are as under:
1. POINT NO.1: IN AFFIRMATIVE
2. POINT NO.2: IN AFFIRMATIVE
3. POINT NO.3: IN AFFIRMATIVE
4. POINT NO.4: AS PER FINAL ORDER For the following REASONS
9. POINT No.1 & 2: These points are inter related, hence they are taken up together for common discussion.
10. THE CASE OF THE PROSECUTION IS:
That on 23-02-2015 at about 8.30 a.m., the accused being the driver of Car bearing registration No.KA-44/2951, within the jurisdiction of Jayanagar traffic Police Station drove his vehicle on a public road, near BIA school from east to western direction on 32nd cross, 2nd main, Jayanaggar 7th Block, i.e., from 4th main towards Kanakapura road and had dashed against the pedestrian (C.W.2) who was standing in order to cross the road in front of BIA school, 2nd main, 32nd cross, as a result of accident the pedestrian sustained grievous injuries on the left 6 C.C.No.5747-15 leg. The accused without informing the jurisdictional police about the accident, had fled away from the spot of the offence, thereby the accused is alleged to have committed the offences punishable U/s.279, 338 of IPC, Sec.134(b) punishable under section 187 of I.M.V.Act.
11. The learned APP submitted that the prosecution has placed sufficient material before the court to prove the guilt of the accused beyond all reasonable doubt. On the other hand the counsel for the accused has submitted that the prosecution has failed to place any convincing material before the court to prove the guilt of the accused.
12. P.W.1 Dhanush is the injured in his chief evidence has stated that on 23-02-2015 at about 8.30 a.m. while he was crossing the road in front of BIA school, at that time a car bearing registration No.KA-44/2951 came from Jayanagar 4th Block, in a speedy manner and had dashed against the left side of C.W.2 and caused accident. In the said accident C.W.2 had sustained grievous injuries on the left leg. C.W.2 further states that public and the teachers had 7 C.C.No.5747-15 taken C.W.2 to the nearby Deepak nursing home for treatment. P.W.1 further states that on the date of accident he had seen the accused, who had caused the accident and has identified the accused before the court.
13. In the present case the accused advocate has failed to cross-examine P.W.1 leading unchallenged and unrebutted evidence of P.W.1.
14. In the present case the accused advocate has consented to mark complaint Spot Mahazar, 133 notice, reply, IMV report and wound certificate. Hence APP has prayed to drop C.W.1, 4 to 7, the prayer of the APP has been accepted and C.W.1, 4 to 7 have been dropped. In view of the consent of marking of Ex.P.1 to 5 the court has given up examination of I.O. as the accused advocate has consented to mark the documents Ex.P.1 to 5 and has not chosen to cross-examine P.W.1, thereby leading to unchallenged and unrebutted evidence of P.W.1. Hence I am of the opinion that prosecution has proved its case. Accordingly, I answer point No.1 and 2 IN THE AFFIRMATIVE.
8 C.C.No.5747-1515. POINT No.3: In the present case accused has been Charge Sheeted for offence U/s.134(b) for not intimating the police about the accident. In the present case accused has not informed the police after occurrence of accident, whereas the complainant has lodged the complaint in the police station, hence the accused can be stated to have committed offence U/s.134(b) for not intimating the police about the accident. The accused has committed offence U/s.134(b). Accordingly, I answer point No.3 is IN THE AFFIRMATIVE.
16. POINT No.4: In view of the above discussions and findings I proceed to pass the following ORDER Accused is convicted U/s.255(2) of Cr.P.C. for the offence punishable U/s.279 & 338 of IPC, Sec.134(b) punishable under section 187 of I.M.V.Act.
The accused shall pay a fine of
Rs.1,000/- for the offence punishable
U/s.279 of IPC.
The accused shall pay a fine of
Rs.1,000/- for the offence punishable
U/s.338 of IPC.
9 C.C.No.5747-15
The accused shall pay a fine of Rs.500/- for the offence punishable U/s.134(b) under section 187 of M.V.Act.
In total the accused shall pay fine of Rs.2,500/- in default the accused shall undergo S.I. for a period of 30 days.
The bail bond and surety bond shall stand cancelled after the appeal period is over.
The accused person is set at liberty.
(Dictated to the Stenographer, transcribed by her corrected, revised and signed then pronounced by me in the open court this the 31st day of August 2015).
(SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Dhanush
2) LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1: Spot Mahazar Ex.P.2: 133 notice Ex.P.3: Reply Ex.P.4: IMV Reports Ex.P.5: Wound Certificate Ex.P.6: Complaint
3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:
NIL 10 C.C.No.5747-15
4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
NIL (SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.