Bangalore District Court
State By Hulimavu Traffic P.S vs ) Madhu P on 3 February, 2016
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 3rd DAY OF FEBRUARY 2016
C.C. NO.10333-2015
COMPLAINANT: State by Hulimavu Traffic P.S.
VS.
ACCUSED: 1) Madhu P.
S/o Pillappa,
Age: 19 years,
No.286, Venugopal Nagara,
Hulimavu B.G. Road,
Bangalore
(Represented by Sri H.S.S. adv.)
2) Smt. Venkatamma
W/o Pillappa,
Age: 40 years,
No.286, Venugopal Nagara,
Hulimavu B.G. Road,
Bangalore
(Pleaded guilty)
***
2 C.C.No.10333-15
JUDGEMENT
The Sub-Inspector of Hulimavu traffic police station has filed the charge sheet against the accused for the offences punishable U/s.279 & 338 of IPC, Sec.3(1) punishable under section 181, Sec.146 punishable under section 196, Sec.56 punishable under section 192 and Sec.5(1) punishable under section 180 of M.V.Act.
2. THE CASE OF THE PROSECUTION IS:
That on 23-06-2015 at about 6.30 p.m. the accused being the driver of Auto Rickshaw bearing registration No.KA-02/AD-3472, within the jurisdiction of Hulimavu traffic police station had driven his vehicle in a rash and negligent manner on BTS Layout BDA Road, from south to north direction the accused had dashed against the motor cycle bearing registration No.KA-51/W-7731 which was standing in order to take a turn in RTO junction from north to southern direction. As a result of accident C.W.1 fell down and sustained grievous injuries and the accused also sustained injuries. Further the accused was not in possession of the required driving 3 C.C.No.10333-15 license on the day of the accident, thereby the accused is alleged to have committed the offences punishable U/s.279 & 338 of IPC, Sec.3(1) punishable under section 181 of M.V.Act and the accused No.2 had given Auto Rickshaw to accused No.1 to drive, though there was no valid vehicle insurance of Auto Rickshaw bearing registration No.KA-02/AD-3472, thereby the accused No.2 is alleged to have committed offence punishable U/s.5(1) punishable under section 180. The Auto Rickshaw is stated to be not having fitness certificate, thereby the accused No.2 is alleged to have committed offence punishable U/s.56 punishable under section 192 and U/s.146 punishable under section 196 of M.V.Act.
3. The accused No.1 had appeared before the court and has obtained bail. Accused No.2 has pleaded guilty. Prosecution documents were furnished to the accused. The court had framed the plea against the accused. 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 C.C.No.10333-154. In order to prove the guilt of the accused the prosecution has examined one witness as P.W.1 and 7 documents have been marked as Ex.P.1 to 7 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, the accused has admitted the case of prosecution and has not chosen to adduce defence evidence on his behalf.
6. Heard both the sides.
7. The points that arise for my determination are as under:
1. Whether the prosecution proves beyond all reasonable doubt that on 23-06-2015 at about 6.30 p.m. the accused being the driver of Auto Rickshaw bearing registration No.KA-02/AD-3472, within the jurisdiction of Hulimavu traffic police station had driven his vehicle in a rash and negligent manner on BTS Layout BDA Road, from south to north direction the accused had dashed against motor cycle bearing registration No.KA-51/W-7731 he took a turn from north to west at RTO junction, thereby the accused is alleged to have committed an offence punishable U/s.279 of IPC?5 C.C.No.10333-15
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 south to north direction the accused had dashed against motor cycle bearing registration No.KA-
51/W-7731 he took a turn from north to west at RTO junction. As a result of accident C.W.1 fell down and sustained grievous injuries and the accused also sustained injuries, 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 No.1 did not produce driving license on the day of accident, thereby the accused is alleged to have committed an offence punishable U/s.3(1) punishable under section 181 of M.V.Act?
4. Whether the prosecution further proves that that accused No.2 had given his vehicle for driving it to accused No.1, though accused No.1 did not have valid driving license, thereby accused No.2 is alleged to have committed an offence U/s.5 R/w.180 of M.V. Act.
5. Whether the prosecution further proves that the accused No.2 had given Auto Rickshaw vehicle to accused No.1 to drive, though there was no fitness certificate of Auto Rickshaw bearing registration No.KA- 02/AD-3472, thereby the accused No.2 is alleged to have committed an offence punishable U/s.56 punishable under section 192 of M.V.Act?
6 C.C.No.10333-156. Whether the prosecution further proves that the accused No.2 had given Auto Rickshaw vehicle to accused No.1 to drive, though there was no valid vehicle insurance of Auto Rickshaw bearing registration No.KA- 02/AD-3472, thereby the accused No.2 is alleged to have committed an offence punishable U/s.146 punishable under section 196 of M.V.Act?
7. What order?
8. 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: IN AFFIRMATIVE
5. POINT NO.5: IN AFFIRMATIVE
6. POINT NO.6: IN AFFIRMATIVE
7. POINT NO.7: 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 23-06-2015 at about 6.30 p.m. the accused being the driver of Auto Rickshaw bearing registration No.KA-02/AD-3472, within the 7 C.C.No.10333-15 jurisdiction of Hulimavu traffic police station had driven his vehicle in a rash and negligent manner on BTS Layout BDA Road, from south to north direction the accused had dashed against the motor cycle bearing registration No.KA-51/W-7731 which was standing in order to take a turn in RTO junction from north to southern direction. As a result of accident C.W.1 fell down and sustained grievous injuries and the accused also sustained injuries. Further the accused was not in possession of the required driving license on the day of the accident, thereby the accused is alleged to have committed the offences punishable U/s.279 & 338 of IPC, Sec.3(1) punishable under section 181 of M.V.Act and the accused No.2 had given Auto Rickshaw to accused No.1 to drive, though there was no valid vehicle insurance of Auto Rickshaw bearing registration No.KA-02/AD-3472, thereby the accused No.2 is alleged to have committed offence punishable U/s.5(1) punishable under section 180. The Auto Rickshaw is stated to be not having fitness certificate, thereby the accused No.2 is alleged to have committed offence punishable U/s.56 punishable 8 C.C.No.10333-15 under section 192 and U/s.146 punishable under section 196 of 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 Manoj is the complainant and injured person has stated in his evidence that on 23-06-2015 at about 6.30 p.m. P.W.1 was going in his bike bearing registration No.KA-51/DM-7731 from Vijaya bank Layout towards Arakere, near BTS Layout RTO junction one Auto Rickshaw bearing registration No.KA-02/AD-3472 came from Sai temple towards Federal bank and dashed against P.W.1's bike, due to the impact of accident P.W.1's left shoulder and left hand sustained injuries. The public had shifted the P.W.1 to Nano hospital. P.W.1 has identified the accused before the court.
9 C.C.No.10333-1513. The accused advocate has not chosen to cross- examine P.W.1 leading unchallenged and unrebutted evidence of P.W.1.
14. The accused in 313 statement has accepted the prosecution evidence, thereby accepted the case of the prosecution.
15. In the present case the accused advocate has consented to mark Spot Mahazar, 133 notice its reply, IMV report and wound certificates (2). Hence APP has prayed to drop C.W.2 to 9 the prayer of the APP has been accepted and C.W.2 to 9 have been dropped, in view marking of the documents with the consent of the accused advocate.
16. In the present case from the above said evidence and discussion made it reveals rash and negligent act of the accused in causing the accident and injuries to the injured. Hence I am of the opinion that prosecution has proved its case. Accordingly, I answer point No.1 & 2 IN THE AFFIRMATIVE.
10 C.C.No.10333-1517. POINT No.3: The accused in the present case is stated to be not having valid license, the accused has failed to produce D.L. to disprove plea alleged against him and the accused advocate has not chosen to cross-examine P.W.1, thereby has accepted the prosecution case. Hence I am of the opinion that accused has committed offence U/s.3(1) punishable under section 181 of M.V.Act. Accordingly, I answer point No.3 IN THE AFFIRMATIVE.
18. POINT No.4: In the present case accused No.2 has pleaded guilty and has paid fine, hence I am of the opinion that accused No.2 has committed offence U/s.5 punishable under section 180 of M.V.Act. Accordingly, I answer point No.4 IN THE AFFIRMATIVE.
19. POINT No.5 & 6: Accused No.2 in the present case has pleaded guilty, hence I am of the opinion that accused No.2 has committed offence U/s.146 punishable under section 196, Sec.56 punishable under section 192 of M.V.Act. Accordingly, I answer point No.5 & 6 IN THE AFFIRMATIVE.
11 C.C.No.10333-1520. POINT No.7: In view of the above discussions and findings I proceed to pass the following ORDER Accused No.1 is convicted U/s.255(2) of Cr.P.C. for the offence punishable U/s.279 & 338 of IPC, Sec.3(1) punishable under section 181 of M.V.Act.
Accused No.2 has pleaded guilty.
The accused No.1 shall pay a fine of Rs.1,000/- for the offence punishable U/s.279 of IPC.
The accused No.1 shall pay a fine of Rs.1,000/- for the offence punishable U/s.338 of IPC.
The accused No.1 shall pay a fine of Rs.500/- for the offence punishable U/s.3(1) punishable under section 181 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 3rd day of February 2016).
(SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.
12 C.C.No.10333-15ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Manoj
2) LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1: Complaint Ex.P.2: Spot Mahazar Ex.P.3: 133 notice Ex.P.4: Reply Ex.P.5 & 6: Wound Certificates Ex.P.7: IMV Report
3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:
NIL
4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
NIL (SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.