Bangalore District Court
State By vs Manikanta K.N on 1 February, 2020
8 C.C.No.38198/2019
31-1-2020
Judgment pronounced in the Open Court
( vide separately)
ORDER
Acting U/Sec.255(2) of Cr.P.C., the accused is hereby Convicted for the offences punishable U/Sec.279 & 338 of Indian Penal Code & Sec.119, 177 of IMV Act.
The accused shall pay a fine of Rs.1,000/- for the offence punishable U/s.279 of Indian Penal Code.
The accused shall pay a fine of Rs.1,000/- for the offence punishable U/s.338 of Indian Penal Code.
The accused shall pay a fine of Rs.500/- for the offence punishable U/s. 119, 177 of IMV Act.
In total the accused shall pay a fine of Rs.2,500/- on default he shall undergo S.I. for a period of 30 days. Supply copy of this Judgement to the accused at free of cost.
MMTC-1, Bangalore.
7 C.C.No.38198/2019ANNEXURE LIST OF WITNESS EXAMINED ON PROSECUSION SIDE:
PW.1 : Abhishek LIST OF DOCUMENTS MARKED ON PROSECUSION SIDE:
Ex.P.1 : complaint Ex.P1(a) : signature of PW.-1 Ex.P.2 : wound certificate Ex.P.3 : 133 notice Ex.P.4 : 133 reply. Ex.P5 : Spot mahazar Ex.P6 : Sketch Ex.P7 : IMV report.
LIST OF WITNESS EXAMINED ON DEFENCE SIDE:
---NIL---
LIST OF DOCUMENTS MARKED ON DEFENCE SIDE:
---NIL---
P.O, MMTC-I, MAYOHALL UNIT, BANGALORE.6 C.C.No.38198/2019
reasonable doubt that the accused has committed an offence punishable U/s.279 & 338 of IPC & Sec.119, 177 of IMV Act. Hence, for the above discussion I answer Point No.1 in the Affirmative.
13. Point No.2:- For the aforesaid reasons, I proceed to pass the following:
ORDER Acting U/Sec.255(2) of Cr.P.C., the accused is hereby Convicted for the offences punishable U/Sec.279 & 338 of Indian Penal Code & Sec.119, 177 of IMV Act.
The accused shall pay a fine of Rs.1,000/- for the offence punishable U/s.279 of Indian Penal Code.
The accused shall pay a fine of Rs.1,000/- for the offence punishable U/s.338 of Indian Penal Code.
The accused shall pay a fine of Rs.500/- for the offence punishable U/s. 119, 177 of IMV Act.
In total the accused shall pay a fine of Rs.2,500/- on default he shall undergo S.I. for a period of 30 days. Supply copy of this Judgement to the accused at free of cost.
(Dictated to the Stenographer directly on the computer, typed by her, corrected, signed and pronounced by me in the open court on this the 01-02- 2020 ).
(Sanjeev Kumar S.Hindoddi) P.O., MMTC-I, MAYOHALL UNIT, BANGALORE.5 C.C.No.38198/2019
10. With the consent of the accused counsel CW-4 to 6 are given up. On the other hand the learned APP has not objected the consent given by the accused counsel.
11. The learned Sr.APP argued that accident was occurred only due to the fault of the accused that he drove the vehicle in a rash and negligent manner. In that regard, PW-1 who is none other than the injured has supported the prosecution case.
Therefore he prays for convict the accused for the said offences.
12. 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 PW-1 who is none other than the injured/complainant of this case who deposed about the accident. On the other hand the accused has not disputed the fact that he was the rider 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 PW.-1 has not been cross examined. As such it can be safely said that accident 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 all 4 C.C.No.38198/2019
2)To What Order?
7. My findings on the above points are as under:
Point No.1 : In the Affirmative.
Point No.2 : As per final order for the
following:
REASONS
8. Point No.1:- In order to prove the allegations, the
prosecution has examined CW-1 is examined as PW.-1. PW.-1 Abhishek deposed that on 21-06-2019 at 5-15 p.m., he was going on his Bullet No.OD-02-AJ-5614 on white field road at that time, Car bearing No KA-03-AG-0141 drove his vehicle in a rash and negligent manner and dashed to his bullet. PW.-1 further stated that due to impact, he fell down and he sustained grievous injuries on his right knee and caused damage to Motorcycle .Public took him to Manipal hospital . He gave complaint as per Ex.P1 and he identified the accused and due to accused fault accident occurred.
9. Among the witnesses examined by the prosecution, CW-1 /PW.-1 is the injured/complainant. 3 C.C.No.38198/2019 framed, read over and explained to the accused. Accused plead not guilty and claimed to be tried.
4. In support of the prosecution case, out of 07 witnesses, the prosecution has examined one witness as PW.1 and got marked the documents at Ex.P.1 to Ex.P.7. Cws.4 to 6 given up by the prosecution. In spite of issue of process against CWs.-2,3 & 7, the concerned police failed to secure their presence, hence, by rejecting the prayer of Sr.APP, CWs.-2,3 & 7 are dropped. The statement of the accused U/Sec. 313 of Cr.P.C. is recorded. The accused denied the incriminating evidence read over to him. There is no defence evidence.
5. Heard the arguments.
6. The points that arise for my consideration are as follows:
1)Whether the prosecution proves beyond all reasonable doubt that on 21-06-20-19 at 5-15 p.m., the accused being the driver of Car bearing No. KA-03-AG-0141 drove his car on white field road, near Juri Hotel in front of Pallet Building front Road , from whitefield towards Hoodi drove in opposite direction in a rash and negligent manner so as to endangerous to human life and dashed against the Bullet Motorcycle of CW-1 bearing No.OD-02-AJ-5614 to its front, due to the impact , rider of Motorcycle-
Abhishek Chhotare, aged 33 years sustained grievous injuries and thereby the accused has committed an offence punishable U/s.279 & 338 of IPC & Sec.119,177 of IMV Act?
2 C.C.No.38198/2019
JUDGMENT The Traffic Sub-Inspector of Police K.R.Pura Traffic Police Station has filed charge sheet against the accused for the offences punishable U/Sec.279, 338 of Indian Penal Code & Sec.119,177 of IMV Act.
2. The brief facts of the case of the prosecution are that:
On 21-06-20-19 at 5-15 p.m., the accused being the driver of Car bearing No. KA-03-AG-0141 drove his car on white field road, near Juri Hotel in front of Pallet Building front Road , from whitefield towards Hoodi drove in opposite direction in a rash and negligent manner so as to endangerous to human life and dashed against the Bullet Motorcycle of CW-1 bearing No.OD-02-AJ-5614 to its front. It is further alleged that, due to the impact , rider of Motorcycle- Abhishek Chhotare, aged 33 years sustained grievous injuries and thereby the accused has committed an offence punishable U/s.279 & 338 of IPC & Sec.119,177 of IMV Act.
3. This Court took the cognizance of the offence. The prosecution papers were furnished to accused as per Sec.207 of Cr.P.C. The substances of accusation for the offences punishable U/Sec. 279, 338 of Indian Penal Code & Sec.119,177 of IMV Act IN THE COURT OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT-I, MAYOHALL UNIT, BANGALORE.
Present:- Sri. Sanjeev Kumar S. Hindoddi, B.Com., LL.B.,(Spl.) Metropolitan Magistrate, MMTC-I, Bangalore.
DATED THIS THE 1st DAY OF FEBRUARY, 2020 C.C.NO.38198/2019.
Complainant:- State by
Police Inspector,
K.R.Pura Traffic Police Station,
Bangalore City.
(Rpd by Sr.Asst. public prosecutor) V/s Accused:- Manikanta K.N., Son of Narayanaswamy, Aged 26 years, R/at Ksnimbele J H Halli Post, Bangarapet, Kolar, Karnataka.
(Rep. By Sri.H.Guruprasad,Adv.)
1. Date of Incident : 21-06-2019
2. Date of Institution : 23-06-2019.
3. Complainant's Name : Abhishek Chhotaray
4. Date of commencement of Evidence : 24-1-2020
5. Date of completion of Evidence : 24-1-2020.
6. Offences punishable : Sec.279, 338 of Indian Penal Code.
7. Opinion of the Accused found Presiding Officer : guilty.