Bangalore District Court
State By Wilson Garden Traffic P.S vs ) Chandresh Panitha 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.5381-2015
COMPLAINANT: State by Wilson Garden Traffic P.S.
VS.
ACCUSED: 1) Chandresh Panitha
Age: 31 years,
No.15, Ground Floor,
18th cross, 23rd main,
Rajanna Road,
Ayyappa Nagar,
Bangalore
(Represented by Sri H.K. adv.)
***
JUDGEMENT
The Sub-Inspector of Wilson Garden 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.5381-152. THE CASE OF THE PROSECUTION IS:
That on 17-12-2014 at about 9.30 a.m., the accused being the driver of Car bearing registration No.KA-51/MF-9076, within the jurisdiction of Wilson Garden traffic Police Station drove his vehicle in a rash and negligent manner on Wilson Garden main road, from K.H. Junction towards Wilson Garden and dashed against C.W.1 who was proceeding from Janatha hotel and was taking a turn towards 8th cross in a motor cycle bearing registration No.KA- 02/HQ-1090. In the said accident C.W.1 sustained grievous injuries. The accused without informing the jurisdictional police about the accident and 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.5381-15 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 7 documents were 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, 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.5381-157. The points that arise for my determination are as under:
1. Whether the prosecution proves beyond all reasonable doubt that on 17-12-2014 at about 9.30 a.m., the accused being the driver of Car bearing registration No.KA-
51/MF-9076, within the jurisdiction of Wilson Garden traffic Police Station drove his vehicle in a rash and negligent manner on Wilson Garden main road, from K.H. Junction towards Wilson Garden and dashed against C.W.1 who was proceeding from Janatha hotel and was taking a turn towards 8th cross in a motor cycle bearing registration No.KA-02/HQ-1090, thereby the accused has 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 K.H. Junction towards Wilson Garden and dashed against C.W.1 who was proceeding from Janatha hotel and was taking a turn towards 8th cross in a motor cycle bearing registration No.KA-02/HQ-1090. In the said accident C.W.1 sustained grievous injuries, thereby the accused has 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 has committed an offence punishable U/s.134
(b) punishable under section 187 of I.M.V.Act?
4. What order?
5 C.C.No.5381-158. 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 17-12-2014 at about 9.30 a.m., the accused being the driver of Car bearing registration No.KA-51/MF-9076, within the jurisdiction of Wilson Garden traffic Police Station drove his vehicle in a rash and negligent manner on Wilson Garden main road, from K.H. Junction towards Wilson Garden and dashed against C.W.1 who was proceeding from Janatha hotel and was taking a turn towards 8th cross in a motor cycle bearing registration No.KA- 02/HQ-1090. In the said accident C.W.1 sustained grievous injuries. The accused without informing the 6 C.C.No.5381-15 jurisdictional police about the accident and 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 N.M. Manohar in his chief evidence has stated that on17-12-2014 at about 9.30 a.m. he was proceeding in his motor cycle bearing registration No.KA-02/HQ-1090 in Wilson Garden main road from Janatha Hotel and was taking a right turn towards the police station, at that time a Car bearing registration No.KA-51/MF-1976 came in a rash and negligent manner and caused the accident. That in the said accident P.W.1 had sustained grievous injuries on left leg and left shoulder.
7 C.C.No.5381-1513. That the public had taken the injured to the Agadi hospital and for further treatment P.W.1 was taking to Sagar hospital. That P.W.1 had lodged complaint on 26-12-2014 as the accused had assured P.W.1 that he would bare all the medical expenses, hence P.W.1 had lodged complaint with delay. P.W.1 further states that he had seen the accused on the date of accident and has identified the accused before the court.
14. In the present case the accused advocate has failed to cross-examine leading unchallenged and unrebutted evidence of P.W.1.
15. In the present case the accused advocate has consented to mark Spot Mahazar, 133 notice, IMV report, wound certificate and complaint. Hence APP has prayed to drop C.W.3 to 7, the prayer of the APP has been accepted and C.W.3 to 7 have been dropped. In view of the consent of marking of Ex.P.2 to 7 the APP has prayed to drop C.W.2 & 8 as accused advocate also has failed to cross examine P.W.1 & for having given consent to mark Ex.P.2 to 7, hence the court has given up examination of I.O.
8 C.C.No.5381-15C.W.8 & C.W.2 as the accused advocate has consented to mark the documents Ex.P.2 to 7 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.
16. 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 intimated the police about the accident caused by him, as the complainant / injured has given complaint to 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.
17. POINT No.4: In view of the above discussions and findings I proceed to pass the following 9 C.C.No.5381-15 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.
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: N.M. Manohar 10 C.C.No.5381-15
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: IMV Reports Ex.P.7: Wound Certificate
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.