Bangalore District Court
State By Kamakshipalya Traffic Police ... vs Ramaiah. B.N. S/O Late. Narasimhaiah on 10 December, 2018
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT- II BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER 2018
Present: Smt. Sharmila Kamath. K.
B.A.LLM
Metropolitan Magistrate,
Traffic Court-II, Bengaluru.
CC No. 3428/2018
Complainant: State by Kamakshipalya Traffic Police Station,
Bengaluru.
Represented by: Sr. APP
V/s
Accused:- Ramaiah. B.N. S/o Late. Narasimhaiah, 64 Yrs, R/at.
No. 358, 11th Main Road, 3rd Stage, 1st Block, Manjunath
Nagar, Bengaluru.
Driver of Car bearing Reg. No. KA 02 MJ 4804
Represented by Sri. N.M.S Adv.
1. Date of commission of offence: 25.2.2018
2. Offences alleged against accused : U/sec. 279 and 338 of IPC
3. Date of recording of evidence: 15.11.2018
4. Date of Judgment: 10.12.2018.
JUDGMENT
The Sub-Inspector of Kamakshipalya Traffic P.S. has filed charge sheet against the Accused for the offences punishable U/sec. 279 and 338 of IPC.
2. The brief case of the prosecution is that;
2 CC No. 3428/2018On 25.2.2018 at about 9-15 a.m., the accused being the driver of Car bearing Reg. no. KA 02 MJ 4804 drove the same on Kamakshipalya Astavillage Layout 2nd stage, 5th main road from Kamalanagar towards Magadi Road in a rash and negligent manner so as to endanger the human life and dashed against motor cycle bearing Reg. no. KA 11 EJ 1692. Due to the impact, rider/CW-1 and pillion rider/CW-3 fell down and CW-1 sustained grievous injuries. Thereby the accused has committed the offences punishable U/sec. 279 and 338 of IPC.
3. Upon taking cognizance, case came to be registered against accused for the offences punishable U/sec. 279 and 338 of IPC. The Accused appeared before court engaged counsel and enlarged on bail. Charge sheet copies furnished to the Accused and thereby provision U/sec. 207 duly complied with.
4. Plea came to be framed for the offence punishable U/sec. 279 and 338 of IPC for which accused pleaded not guilty claimed to be tried.
5. During the course of trial, the prosecution has examined one witness as PW-1 and got exhibited document as per Ex.P.1. The learned counsel for the accused submitted no cross-examination of PW-1. Hence, cross-examination of PW-1 is taken as nil. Spot mahazar, Rough sketch, copy of notice u/sec. 133, reply, IMV report, 3 CC No. 3428/2018 Wound certificate and FIR are marked as Exs.P.2 to 8 with the consent of learned counsel for the accused. Inview of same, the learned Sr.APP given up the evidence of CWs.2 to 7.
6. Since, there was incriminating evidence, the statement of the accused U/sec. 313 of Cr.P.C. was recorded and when the incriminating evidence appearing against the accused was read over to him, he pleaded guilty.
7. Heard on both sides.
8. The points that arise for my consideration are as follows:
1. Whether prosecution proves beyond all reasonable doubt that on 25.2.2018 at about 9-15 a.m., the accused being the driver of Car bearing Reg. no. KA 02 MJ 4804 drove the same on Kamakshipalya Astavillage Layout 2nd stage, 5th main road from Kamalanagar towards Magadi Road in a rash and negligent manner so as to endanger the human life and thereby the accused person has committed the offences punishable U/sec. 279 of IPC?
2. Whether prosecution proves beyond all reasonable doubt that on the above mentioned date, accused being the driver of 4 CC No. 3428/2018 Car bearing Reg. no. KA 02 MJ 4804 dashed against motor cycle bearing Reg. no. KA 11 EJ 1692 and rider/CW-1 and pillion rider/CW-3 fell down and CW-1 sustained grievous injuries and thereby the accused has committed an offence punishable U/sec. 338 of IPC?
3. What Order?
9. Now, my findings to above points are as follows:
Point Nos.1 & 2: In the Affirmative Point No.3: As per order, for the following:
REASONS
10. Point Nos. 1 & 2 :- These points are taken together for discussion for the purpose of brevity and convenience.
It is well laid that in a criminal case the entire burden of proof rest upon the prosecution and the accused need prove nothing. Suffice for the accused to create doubt about the case of the prosecution and the reliability of the witnesses for prosecution. With this background, I proceed to discuss the evidence available on record.
11. It is the case of the prosecution that on 25.2.2018 at about 9-15 a.m., the accused being the driver of Car bearing Reg. no. KA 02 MJ 4804 drove the same on Kamakshipalya Astavillage Layout 2nd stage, 5th main road from Kamalanagar towards Magadi Road in a 5 CC No. 3428/2018 rash and negligent manner so as to endanger the human life and dashed against motor cycle bearing Reg. no. KA 11 EJ 1692. Due to the impact, rider/CW-1 and pillion rider/CW-3 fell down and CW-1 sustained grievous injuries. Thereby the accused has committed the offences punishable U/sec. 279 and 338 of IPC.
12. To substantiate the case of the prosecution, the prosecution got examined CW-1 as PW-1 who is first informant and injured. During the course of examination-in-chief, the PW-1 deposed that on 25.2.2018 at about 9.15 a.m. he was proceeding on motor cycle bearing Reg. no. KA 11 EJ 1692 along with CW-3 as pillion rider on Kamakshipalya from Shaneshwara temple towards 5th main road, at that time the driver of Car bearing Reg. no. KA 02 MJ 4804 came from Kamalanagar in high speed and negligent manner and dashed against their vehicle. Due to the impact, he along with CW-3 fell down and he sustained injuries to his left leg and was shifted to Bosh hospital for treatment where he gave first information statement before the police as per Ex.P.1 and accused before the court was the rider of offending vehicle.
13. The learned counsel for the accused submits no cross-examination. Hence the cross-examination of the witness is taken as nil.
14. The learned counsel for the accused has not cross-examined the PW.1 and further submits that a 6 CC No. 3428/2018 lenient view may be taken against the accused person who is a poor person. As Exs.P.2 to P.8 marked with consent, the learned Sr. APP given up the evidence of CWs.2 to 7. It is pertinent to note that PW-1 is not cross examined. Hence, the version of PW-1 remained unchallenged.
15. Learned APP argued that accident was occurred only due to the fault of accused who drove the offending vehicle in rash and negligent manner. In that concern, PW-1 who is none other than the first informant has supported the prosecution case. Therefore, he prays to convict the accused for the said offences.
16. In a Road Traffic Accident Cases first the prosecution has to prove the rash and negligent driving of accused. In order to prove this fact in the case on hand the prosecution fully depend upon the evidence of PW.1 who is none other than the first informant who deposed about the accident. On the other hand the accused has not disputed the fact that he was the driver of the offending vehicle on the day of the accident. Here itself it is pertinent to note that while recording 313 statement the accused has admitted the allegations against him. As such it can be safely held 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 is of the considered view that the prosecution has proved beyond reasonable doubt that the 7 CC No. 3428/2018 accused has committed the offence punishable U/s. 279 & 338 of IPC. Hence point Nos.1 & 2 are answered in the AFFIRMATIVE.
17. Point No.3: In view of the discussions made by me in the above points, I proceed to pass the following:-
ORDER Acting U/sec. 255(2) of Cr. P.C., the Accused is hereby Convicted for the offence punishable U/s. 279 & 338 of IPC.
The accused shall pay a fine of
Rs.1,000/- for the offence punishable
U/sec. 279 of IPC and in default he shall undergo S.I. for a period of 15 days.
Further the accused shall pay a fine of Rs.1000/- for the offence punishable U/sec. 338 of IPC and in default he shall undergo S.I. for a period of 15 days.
In total the accused shall pay fine of Rs. 2,000/- as a fine.
His bail bond stands cancelled after completion of appeal period.
(Dictated to the stenographer, directly on computer, corrected and then pronounced by me in the open court on this the 11th day of December 2018).
(Sharmila Kamath. K.) M.M.T.C-II, Bengaluru.
8 CC No. 3428/2018ANNEXURE List of witnesses examined for Prosecution:-
PW-1 Yeshwanth List of documents marked for Prosecution:
Ex.P.1: First information statement Ex.P.2 Spot mahazar Ex.P.3 Rough sketch Ex.P.4 Copy of 133 notice Ex.P.5 Reply Ex.P.6 Wound certificate Ex.P.7 IMV report Ex.P.8 FIR M.M.T.C-II, Bengaluru.