Bangalore District Court
State By Banashankari Traffic P.S vs ) Prapul B.R on 28 June, 2017
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT - IV, BANGALORE
PRESENT: GAYATHRI.S.KATE, B.com.,LLB.,
MMTC - IV, BANGALORE
DATED : THIS THE 28TH DAY OF JUNE 2017
C.C.No.2695/2014
COMPLAINANT: State by Banashankari Traffic P.S.
(Represented by Learned
Assistant Public Prosecutor}
VS.
ACCUSED: 1) Prapul B.R.,
S/o Rajashankar B.N.,
Age: 19 years,
No.16, Komarala Feeds Road,
Padmanabhanagar,
Bangalore
2) Savitha T.C.,
S/o Rajashankar B.N.,
Age: 43 years,
No.16, Kumarla Feeds road,
Padmanabhanagar,
Bangalore
(Represented by Sri H.S. Shivakumar, Adv.)
***
2 C.C.No.2695/14
JUDGEMENT
The Police Inspector of Banashankari Traffic police station has filed the charge sheet against the accused for the offences punishable U/s.279 & 304(A) of IPC, Sec.134(A & B) R/w.187, Sec.3(1) R/w.181, Sec.146 R/w.196, Sec.50(1) R/w.177, Sec.120 R/w.190(2), Sec.189 and Sec.5 R/w.180, of M.V.Act.
2. It is the case of the prosecution that on 22-03-2014 at about 9.45 p.m. the 1st accused being the rider of Honda Activa bearing registration No.KA- 04/HH-3993 drove the vehicle in a rash and negligent manner as to endanger human life on Kanakapura Main Road, Jayanagar 7th phase, with defective number plate, caused nuisance sound by altering the silencer and have done wheeling on the said road. While so driving his vehicle he dashed against the pedestrian who was walking on the same road in the same direction. Due to the impact of accident the pedestrian sustained fell down and sustained grievous injuries on his back portion of head, chest and face and later he succumbed to the injuries. Further the 1st accused did not provide 3 C.C.No.2695/14 medical aid to the injured nor he intimated the police about the accident. Further the 1st accused was not in a possession of driving license and vehicle insurance on the day of accident, thereby the 1st accused is alleged to have committed offences punishable U/s.279 & 304(A) of IPC, Sec.134(A & B) R/w.187, Sec.3(1) R/w.181, Sec.146 R/w.196, Sec.50(1) R/w.177, Sec.120 R/w.190(2) and Sec.189 of M.V.Act. Further the 2nd accused being the owner of the said vehicle had permitted the 1st accused who was not in possession of the driving license to drive the vehicle on the day of accident, thereby the 2nd accused is alleged to have committed an offence punishable U/s.5 R/w.180 of M.V.Act.
3. On the basis of the information lodged by the C.W.1, the PSI has registered the case against the rider of Honda Dio bearing registration No.KA- 01/HG-3653, alleging offences U/s.279 & 304(A) of IPC, Sec.134(A & B) R/w.187, Sec.3(1) R/w.181, Sec.146 R/w.196, Sec.5 R/w.180, Sec.50(1) R/w.177, Sec.120 R/w.190(2), Sec.189 of M.V.Act. After completion of the investigation PSI has submitted the charge sheet against the accused alleging offences U/s.279 & 304(A) of IPC, Sec.134(A 4 C.C.No.2695/14 & B) R/w.187, Sec.3(1) R/w.181, Sec.146 R/w.196, Sec.5 R/w.180, Sec.50(1) R/w.177, Sec.120 R/w.190(2), Sec.189 of M.V.Act.
4. After filing the charge sheet, this court has registered the case against the accused for the aforesaid offences. In response to service of summons accused has appeared before the court through his learned advocate and got enlarged on bail. Prosecution papers were furnished to the accused as required U/s.207 of Cr.P.C. and proceed with the case. Substance of the accusation was framed and read over to the accused. The accused pleaded not guilty and claims to be tried. His plea was recorded accordingly.
5. In order to prove the guilt of the accused the prosecution had to examine 14 witnesses, but after giving sufficient opportunity the prosecution had failed to secure the presence of the witnesses hence the witnesses dropped from the prosecution. Hence none of the witnesses are examined on behalf of prosecution and none of the documents are marked on behalf of prosecution. The statement of the accused as required U/s.313 of C.r.P.C. is dispensed as there no incriminating circumstances have 5 C.C.No.2695/14 appeared against the accused in the evidence of the prosecution. Hence statement of accused U/s.313 of Cr.P.C. was dispensed and was posted for arguments.
6. I have heard the arguments of learned APP for state and learned counsel for the accused and now the case is posted for judgment.
7. Now the points that arise for my consideration are as under:
1. Whether the prosecution proves beyond all reasonable doubt that on 22-03-2014 at about 9.45 p.m. the 1st accused being the rider of Honda Activa bearing registration No.KA-04/HH-3993 drove the vehicle in a rash and negligent manner as to endanger human life on Kanakapura Main Road, Jayanagar 7th phase, thereby the 1st 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 he dashed against the pedestrian who was walking on the same road in the same direction. Due to the impact of accident the pedestrian sustained fell down and sustained grievous injuries on his back portion of head, chest and face and later he succumbed to the injuries, 6 C.C.No.2695/14 thereby the 1st accused has committed an offence punishable U/s.304(A) of IPC?
3. Whether the prosecution further proves that the accused did not provide medical aid to the injured nor he intimated the police about the accident, thereby the accused has committed an offence punishable U/s.134 (A & B) R/w.
Sec.187 of M.V.Act?
4. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place the 1st accused was not having required driving license and vehicle insurance on the day of accident, thereby the 1st accused has committed an offence punishable U/s.3(1) R/w. sec.181 and Sec.146 R/w. Sec.196 of M.V.Act?
5. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place the 1st accused was with defective number plate, caused nuisance sound by altering the silencer and have done wheeling on the said road, thereby the 1st accused has committed an offence punishable Sec.50(1) R/w.177, Sec.120 R/w.190(2), 189 M.V.Act.?
6. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place the 2nd accused being the owner of Honda Dio bearing registration No.KA-01/HG-3653 the had permitted a person without driving license to drive the said vehicle, thereby you committed offence punishable U/s.5 R/w.180 of M.V.Act.
7. What order?
7 C.C.No.2695/148. My answer to the above points are as under:
1. POINT NO.1: IN NEGATIVE
2. POINT NO.2: IN NEGATIVE
3. POINT NO.3: IN NEGATIVE
4. POINT NO.4: IN NEGATIVE
5. POINT NO.5: IN NEGATIVE
6. POINT NO.6: IN NEGATIVE
7. POINT NO.7: AS PER THE FINAL ORDER For the following REASONS
9. POINT NO.1 to 6: These points are inter related to each other, hence to avoid the repetition of facts, both these points are taken up together for common discussion at one stretch.
10. It is the case of the prosecution that on 22-03-2014 at about 9.45 p.m. the 1st accused being the rider of Honda Activa bearing registration No.KA- 04/HH-3993 drove the vehicle in a rash and negligent manner as to endanger human life on Kanakapura Main Road, Jayanagar 7th phase, with defective number plate, caused nuisance sound by altering the silencer and have done wheeling on the said road. While so driving his vehicle he dashed against the pedestrian who was walking on the same road in the same direction. Due to the impact of accident the pedestrian sustained fell down and 8 C.C.No.2695/14 sustained grievous injuries on his back portion of head, chest and face and later he succumbed to the injuries. Further the 1st accused did not provide medical aid to the injured nor he intimated the police about the accident. Further the 1st accused was not in a possession of driving license and vehicle insurance on the day of accident, thereby the 1st accused is alleged to have committed offences punishable U/s.279 & 304(A) of IPC, Sec.134(A & B) R/w.187, Sec.3(1) R/w.181, Sec.146 R/w.196, Sec.50(1) R/w.177, Sec.120 R/w.190(2) and Sec.189 of M.V.Act. Further the 2nd accused being the owner of the said vehicle had permitted the 1st accused who was not in possession of the driving license to drive the vehicle on the day of accident, thereby the 2nd accused is alleged to have committed an offence punishable U/s.5 R/w.180 of M.V.Act.
11. In order to prove the guilt of the accused the prosecution had to examine 14 witnesses, but after giving sufficient opportunity the prosecution had failed to secure the presence of the witnesses hence the witnesses dropped from the prosecution. Hence none of the witnesses are examined on behalf of prosecution and none of the documents are marked 9 C.C.No.2695/14 on behalf of prosecution. The statement of the accused as required U/s.313 of C.r.P.C. is dispensed as there no incriminating circumstances have appeared against the accused in the evidence of the prosecution. Hence statement of accused U/s.313 of Cr.P.C. was dispensed and was posted for arguments.
12. In view of the non-examination of the witnesses by the prosecution before the court even after grant of sufficient opportunities. The witnesses were dropped and evidence has been closed. As such I am the considered view that the prosecution has failed to prove beyond reasonable doubt that the accused has committed offence punishable U/s.279 & 304(A) of IPC, Sec.134(A & B) R/w.187, Sec.3(1) R/w.181, Sec.146 R/w.196, Sec.5 R/w.180, Sec.50 R/w.177, Sec.120, Sec.190(2) R/w.189 of M.V.Act. Hence point No.1 to 6 are answered IN NEGATIVE.
13. POINT No.7: In view of the above discussions and findings I proceed to pass the following:
ORDER Accused is acquitted U/s.255(1) of Cr.P.C. for the offences punishable U/s.279 & 304(A) of IPC, Sec.187, Sec.181, Sec.196, Sec.180, Sec.177, Sec.120, Sec.190(2) R/w.189 of M.V.Act.10 C.C.No.2695/14
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 28th day of June 2017).
(GAYATHRI.S.KATE) MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
NIL
2) LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
NIL
3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:
NIL
4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
NIL (GAYATHRI.S.KATE) MMTC - IV, BANGALORE.