Bangalore District Court
State By Banashnkri Traffic P.S vs ) Ravi N on 4 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 4th DAY OF FEBRUARY 2016
C.C. NO.10883-2015
COMPLAINANT: State by Banashnkri Traffic P.S.
VS.
ACCUSED: 1) Ravi N.,
S/o Narayana,
Age: 43 years,
No.103, 14th cross,
Gangamma Layout,
Ashok Naagar,
Bengluru
(Represented by Sri A.S.M. adv.)
***
JUDGEMENT
The Sub-Inspector of Banashankari Traffic Police Station has filed the charge sheet against the accused for the offences punishable U/s.279 & 338 of IPC, Sec.134(a & b) punishable under section 187 of I.M.V.Act.
2 C.C.No.10883-152. THE CASE OF THE PROSECUTION IS:
That on 18-06-2015 at about 5.00 p.m. the accused being the rider of Activa Honda bearing registration No.KA-05/HR-9655, within the jurisdiction of Banashankari traffic police station had driven his vehicle in a rash and negligent manner on Thyagaraja Nagar, Gangamma temple road, from north to southern direction and the accused had dashed against Kumari J. Bhavika 3 years the daughter of C.W.1 who was crossing Gangamma temple road, 13th cross near sangama, as a result Kumari J. Bhavika sustained grievous injuries. That the accused without informing the jurisdictional police about the accident and without providing medical aid to the injured 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(a & 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 3 C.C.No.10883-15 plea against the accused for the offence punishable U/s.279, 338 of IPC, Sec.134(a & 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 witnesses as P.W.1 and 6 documents have been 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, the accused has admitted the case of prosecution and has not chosen to adduce defence evidence on his behalf.
6. Heard both the sides.
4 C.C.No.10883-157. The points that arise for my determination are as under:
1. Whether the prosecution proves beyond all reasonable doubt that on 18-06-2015 at about 5.00 p.m. the accused being the rider of Activa Honda bearing registration No.KA-
05/HR-9655, within the jurisdiction of Banashankari traffic police station driven his vehicle in a rash and negligent manner on Thyagaraja Nagar, Gangamma temple road, from north to southern direction and the accused had dashed against Kumari J. Bhavika 3 years the daughter of C.W.1 who was crossing Gangamma temple road 13th cross near sangama, 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 north to southern direction and the accused had dashed against Kumari J. Bhavika 3 years the daughter of C.W.1 who was crossing Gangamma temple road 13th cross near sangama, as a result Kumari J. Bhavika sustained grievous 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 did not provide medical aid to the injured nor the accused intimated the police about the accident, thereby the accused is alleged to have committed an offence punishable U/s.134 (a & b) punishable under section 187 of I.M.V.Act?
4. What order?
5 C.C.No.10883-158. 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 18-06-2015 at about 5.00 p.m. the accused being the rider of Activa Honda bearing registration No.KA-05/HR-9655, within the jurisdiction of Banashankari traffic police station driven his vehicle in a rash and negligent manner on Thyagaraja Nagr, Gangamma temple road, from north to southern direction and the accused had dashed against Kumari J. Bhavika 3 years the daughter of C.W.1 who was crossing Gangamma temple road 13th cross near sangama, as a result Kumari J. Bhavika sustained grievous injuries. That the accused without 6 C.C.No.10883-15 informing the jurisdictional police about the accident and without providing medical aid to the injured 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(a & 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 Jagadish K.N. being the father of the injured and complainant has stated in his evidence that on 18-06-2015 at about 5.00 p.m. P.W.1's wife and daughter were crossing the road in front of his house, at that time one Honda Activa bearing registration No.KA-05/HR-9655 came in a rash and negligent manner from north to south and dashed against P.W.1's daughter who is aged 3 years, due to the impact of accident P.W.1's daughter's 3 tooths 7 C.C.No.10883-15 were broken, 2 legs had sustained simple injuries hence injured was taken to Jayanagara dental hospital. P.W.1 further states that he had lodged complaint.
13. 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 has accepted the case of the prosecution.
15. In the present case the accused advocate has consented to mark 133 notice its reply, wound certificate, IMV report. Hence APP has prayed to drop C.W.2 to 6, the prayer of the APP has been accepted and C.W.2 to 6 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 8 C.C.No.10883-15 that prosecution has proved its case. Accordingly, I answer point No.1 & 2 IN THE AFFIRMATIVE.
17. POINT No.3: In the present case accused has been Charge Sheeted for offence U/s.134(a & b) for not having provided medical aid to the injured. In the present case accused has not chosen to cross- examine and accused has admitted 313 statement. Hence, I am of the opinion that the accused has committed offence U/s.134(a & b). Accordingly, I answer point No.4 IN THE AFFIRMATIVE.
18. 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(a & 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.
The accused shall pay a fine of Rs.500/- for the offence punishable U/s.134(a & b) under section 187 of M.V.Act.
9 C.C.No.10883-15In 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 4th day of February 2016).
(SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Jagadish K.N.
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: Wound Certificates Ex.P.6: 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.