Bangalore District Court
State By Rajajinagar Traffic P.S vs ) Shivakumar V. S/O. Late Vasu on 25 June, 2019
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT - IV, BANGALORE
PRESENT: SMT. REKHA H.C. B.A.,LLB.,
MMTC - IV, BANGALORE
DATED : THIS THE 25TH DAY OF JUNE 2019
C.C.No.3202/2019
COMPLAINANT: State by Rajajinagar Traffic P.S.
VS.
ACCUSED: 1) Shivakumar V. S/o. Late Vasu,
Age: 28 years,
R/at No.274, 1st main road,
3rd cross, Sanjay Gandhinagar,
Bangalore - 96
1. The date of commission of 30-01-2019
the offence
2. The offences complained of U/s.279 & 338 of IPC and
Sec.115 R/w.177 of M.V.Act
3. Plea of the accused and his Pleaded not guilty
examination
4. Opinion of the judge Conviction
5. State represented by Learned APP
6. Accused defence by Sri Basavaraj T.R.
7. Date of order 25-06-2019
***
2 C.C.No.3202/19
JUDGEMENT
The Police Sub-Inspector of Rajajinagar Traffic police station has filed the charge sheet against the accused for the offences punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act.
2. It is the case of the prosecution that on 30-01-2019 at about 10.45 p.m. the accused being the rider of Pulsar motor cycle bearing registration No.KA-05/JE-2560 drove the vehicle in a rash and negligent manner as to endanger human life on Kanteerava Studio main road, Sonal Garments, near Surana College. While so driving his vehicle from TVS Cross Peenya towards FTI circle, in the opposite direction in a one way road, he dashed against the motor cycle bearing registration No.KA-15/U-8928 which was proceeding in the said road, from FT circle towards Peenya TVS Cross. Due to the impact of accident the rider of motor cycle bearing registration No.KA-15/U-8928 C.W.1 fell down along with vehicle and sustained grievous injuries on left hand fingers and other parts, thereby the accused has committed an offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act.
3 C.C.No.3202/193. Cognizance of the offences were taken by perusing the prosecution papers and materials, the accused on receipt of summons accused appeared before the court through his counsel and got himself enlarged on bail. Prosecution papers were furnished to the accused as per Sec.207 of Cr.P.C. on the same day and substance of accusation in the form of plea was recorded and read over and explained to him, wherein accused pleaded not guilty and claims to be tried.
4. During the course of trial the prosecution examined 1 witness out of 7 witnesses and given up C.W.2 to C.W.7 on its behalf. The prosecution has examined 1 witness as P.W.1 and got marked 1 document as Ex.P.1. After completion of prosecution evidence the statement of accused was recorded as per Sec.313 of Cr.P.C., read over, explained to the accused in his vernacular language, wherein the accused had no explanation and has denied the incriminating circumstances appearing against him and has not chosen to lead defence evidence.
4 C.C.No.3202/195. The statement of the accused as provided U/s.313 of Cr.P.C. was recorded and when the incriminating evidence appearing against the accused was read over to him, he offered no explanation. The points that arise for consideration are:
1. Whether the prosecution proves beyond all reasonable doubt that on 30-01-2019 at about 10.45 p.m. the accused being the rider of Pulsar motor cycle bearing registration No.KA-05/JE-2560 drove the vehicle in a rash and negligent manner as to endanger human life on Kanteerava Studio main road, Sonal Garments, near Surana College, thereby the accused has committed an offence punishable U/s.279 of IPC?
2. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place the accused being the driver of the said vehicle drove his vehicle in the above said manner. While so driving his vehicle from TVS Cross Peenya towards FTI circle, in the opposite direction in a one way road, he dashed against the motor cycle bearing registration No.KA-15/U-
8928 which was proceeding in the said road, from FT circle towards TVS Cross Peenya. Due to the impact of accident the rider of motor cycle bearing registration No.KA-15/U-8928 C.W.1 fell down along with vehicle and sustained grievous injuries on left hand fingers and other parts, thereby the accused has committed an offence punishable U/s.338 of IPC and Sec.115 R/w.177 of M.V.Act.?
3. What order?
5 C.C.No.3202/196. My answer to the above points are as under:
1. POINT No.1: IN THE AFFIRMATIVE
2. POINT No.2: IN THE AFFIRMATIVE
3. POINT No.3: AS PER THE FINAL ORDER For the following REASONS
7. POINT No.1 & 2: For the sake of convenience and to avoid repetition of facts, these points are taken up for common discussion to have brevity.
8. It is the case of the prosecution that on 30-01-2019 at about 10.45 p.m. the accused being the rider of Pulsar motor cycle bearing registration No.KA-05/JE-2560 drove the vehicle in a rash and negligent manner as to endanger human life on Kanteerava Studio main road, Sonal Garments, near Surana College. While so driving his vehicle from TVS Cross Peenya towards FTI circle, in the opposite direction in a one way road, he dashed against the motor cycle bearing registration No.KA-15/U-8928 which was proceeding in the said road, from FT circle towards TVS Cross Peenya. Due to the impact of accident the rider of motor cycle bearing registration No.KA-15/U-8928 C.W.1 fell down along with vehicle and sustained grievous injuries on left 6 C.C.No.3202/19 hand fingers and other parts, thereby the accused has committed an offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act.
9. C.W.1/Mohammad Rizwan examined as P.W.1 injured cum eye witness has deposed that on 30-01-2019 at about 10.45 p.m. the accused being the rider of Pulsar motor cycle bearing registration No.KA-05/JE-2560 drove the vehicle in a rash and negligent manner on Kanteerava Studio main road, Sonal Garments, near Surana college from TVS Cross Peenya towards FTI circle, in the opposite direction in a one way road, accused dashed against his motor cycle bearing registration No.KA-15/U-8928 which was proceeding in the said road, from FT circle towards Peenya TVS Cross. Due to the impact of accident he sustained grievous injuries. Thereafter the public shifted to Kanva hospital. He lodged a complaint against the accused.
10. Among the witnesses examined by the prosecution C.W.1 - P.W.1 is the injured cum eye witness.
7 C.C.No.3202/1911. With the consent of accused counsel C.W.2 to C.W.7 are given up. On the other hand the learned APP has not objected the consent given by the accused counsel.
12. The learned APP argued that accident was occurred only due to the fault of the accused that he drove the said vehicle in a rash and negligent manner. In that regard, C.W.1 is none other than the injured cum eye witness has supported the prosecution case. Therefore, he prays for convict the accused for the said offences.
13. In a road traffic accident cases first the prosecution has to prove the rash and negligent driving of the accused. In order to prove this fact the case in hand the prosecution fully depend upon the evidence of C.W.1 who is none other than the injured cum eye witness of this case who deposed about the accident. On the other hand the accused has not disputed the fact that he was the driver of the said vehicle on the day of the accident. Here itself it is pertinent to note that while recording 313 statement the accused has not offered any explanation and P.W.1 has not been cross-examined. As such it can 8 C.C.No.3202/19 be safely said that the accused does not dispute the fact that the accident had occurred due to his rash and negligent driving. In view of the discussion made supra, this court considered view that the prosecution has proved beyond reasonable doubt that the accused has committed an offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act. Hence for the above discussion I answer point No.1 & 2 IN AFFIRMATIVE.
14. POINT No.3: In view of the above discussions and findings I proceed to pass the following:
ORDER Acting U/s.255(2) of Cr.P.C. the accused is convicted for the offences punishable U/s.279 & 338 of IPC and Sec.177 of 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.100/- for the offence punishable U/s.177 of M.V.Act.
In total the accused shall pay a fine of Rs.2,100/- on default he shall undergo S.I. for a period of 30 days.9 C.C.No.3202/19
The bail bond and surety bond of the accused shall stands cancelled after the appeal period.
(Dictated to the Stenographer directly on computer, typed by her, corrected and then pronounced by me in the open Court this the 25th day of June 2019).
(SMT. REKHA H.C.) MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Mohammad Rizwan
2) LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1: Complaint
3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:
NIL
4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
NIL (SMT. REKHA H.C.) MMTC - IV, BANGALORE.