Bangalore District Court
State By Mico Layout Traffic P.S vs ) Sri Dildar Hussain Lashkar on 1 February, 2020
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT - IV, BANGALORE
PRESENT: Smt. Sharmila Kamath. K.,
C/c. MMTC - IV, BANGALORE
DATED : THIS THE 1ST DAY OF FEBRUARY 2020
C.C.No.11576/2019
COMPLAINANT: State by Mico Layout Traffic P.S.
Represented by Sr. APP
VS.
ACCUSED: 1) Sri Dildar Hussain Lashkar,
S/o. Moyub Raba Lashkar,
Age: 26 years,
R/at 1152, 5th cross road,
7th main road, rajendra Nagar,
Koramangala,
Bangalore
Represented by Sri H.S.S. Adv.
1. The date of commission of the 11-10-2019
offence
2. The offences complained of U/s.279 & 338 of IPC, Sec.115
R/w.177 of M.V.Act.
3. Date of recording of evidence 01-02-2020
4. Date of judgment 01-02-2020
***
2 C.C.No.11576/19
JUDGEMENT
The PSI of Mico Layout Traffic police station has filed the charge sheet against the accused for the offences punishable U/s.279 & 338 of IPC, Sec.115 R/w.177 of M.V.Act.
2. The brief case of the prosecution is that;
On 11-10-2019 at about 13.15 p.m. the accused being the rider of Hero Honda Splendor motor cycle bearing registration No.KA-01/JB-9635 rode the same on Bannerghatta main road, from Oracle company towards in a one way road in a rash and negligent manner so as to endanger human life and while he was going to Bangalore Dairy junction dashed to the Bajaj Auto Rickshaw bearing registration No.KA-01/AC-5504 along with passenger C.W.1, C.W.2 and C.W.3 came in the same road in front of Karmikara Bhavana, from Bangalore Dairy junction towards Sagar hospital. Due to the impact the auto toppled down, the passenger C.W.2 sustained grievous injuries. 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.11576/193. Upon taking cognizance, case came to be registered against accused for the offences punishable U/s.279 & 338 of IPC and Sec.115 R/w.1787 of M.V.Act. The accused appeared before court engaged counsel and enlarged on bail. Charge Sheet copies furnished to the accused and thereby provision U/s.207 is duly complied with.
4. Plea came to be framed for the offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act for which accused pleaded not guilty claimed to be tried.
5. During the course of trial, the prosecution examined P.Ws.1 and P.W.2 and got exhibited documents as per Ex.P.1 to Ex.P.8. The learned counsel for the accused submitted no cross- examination of P.Ws.1 and P.W.2. Hence, cross- examination of P.Ws.1 and P.W.2 are taken as nil. The learned Sr. APP given up the evidence of C.Ws.3 to 7.
6. Since, there was incriminating evidence, the statement of the accused U/s.313 of Cr.P.C. was recorded and when the incriminating evidence appearing against the accused was read over to him, he pleaded guilty.
4 C.C.No.11576/197. Heard arguments on both sides.
8. The points that arise for my consideration are as follows:
1. Whether the prosecution proves beyond all reasonable doubt that on 11-10-2019 at about 13.15 p.m. the accused being the rider of Hero Honda Splendor motor cycle bearing registration No.KA-01/JB-
9635 rode the same on Bannerghatta main road, from Oracle company towards in a one way road in a rash and negligent manner so as to endanger human life and thereby the accused has committed an offence punishable U/s.279 of IPC and Sec.115 R/w.177 of M.V.Act.?
2. Whether the prosecution further proves beyond all reasonable doubt that on the above said date, time and place the accused being the rider of Hero Honda Splendor motor cycle bearing registration No.KA-01/JB-9635 dashed to the Bajaj Auto Rickshaw bearing registration No.KA-01/AC-5504 along with passenger C.W.1, C.W.2 and C.W.3 came in the same road in front of Karmikara Bhavana, from Bangalore Dairy junction towards Sagar hospital. Due to the impact the auto toppled down, the passenger C.W.2 sustained grievous injuries and thereby the accused has committed an offence punishable U/s.338 of IPC?
3. What order?
5 C.C.No.11576/199. Now, my findings to 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
10. POINT No.1 and 2: Both points are taken together for discussion for the purpose of brevity and convenience.
11. It is the case of the prosecution that on 11-10-2019 at about 13.15 p.m. the accused being the rider of Hero Honda Splendor motor cycle bearing registration No.KA-01/JB-9635 rode the same on Bannerghatta main road, from Oracle company towards in a one way road in a rash and negligent manner so as to endanger human life and while he was going to Bangalore Dairy junction dashed to the Bajaj Auto Rickshaw bearing registration No.KA- 01/AC-5504 along with passenger C.W.1, C.W.2 and C.W.3 came in the same road in front of Karmikara Bhavana, from Bangalore Dairy junction towards Sagar hospital. Due to the impact the auto toppled down, the passenger C.W.2 sustained grievous injuries. Thereby the accused has committed an 6 C.C.No.11576/19 offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act.
12. It is well laid that 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 the case of the prosecution and the reliability of the witnesses for the prosecution. With this background, I proceed to discuss the evidence available on record.
13. To substantiate the case of the prosecution, the prosecution got examined C.W.1 as P.W.1 who is first informant and injured states that on 11-10-2019 at about 1.05 p.m. she was going along with C.W.2 in Auto Rickshaw bearing registration No.KA-01/AC- 5504 from Bangalore Dairy junction towards Sagar hospital junction at that time one motor cycle bearing registration No.KA-01/JB-9365 came in a one way road in the opposite direction in a rash and negligent manner and dashed to her vehicle. Due to the impact she sustained simple injuries and C.W.2 sustained grievous injuries and was shifted to Sagar hospital for treatment by the public. With regard to the accident he lodged first information statement before 7 C.C.No.11576/19 police as per Ex.P.1. She stated that the accused before the court was the rider of the offending vehicle.
14. C.W.2 is examined as P.W.2 states that on 11-10-2019 at about 1.05 p.m. she was going along with C.W.1 in Auto Rickshaw bearing registration No.KA-01/AC-5504 from Bangalore Dairy junction towards Sagar hospital junction at that time one motor cycle bearing registration No.KA-01/JB-9365 came in a one way road in the opposite direction in a rash and negligent manner and dashed to her vehicle. Due to the impact C.W.1 sustained simple and grievous injuries and was shifted to Sagar hospital for treatment. She stated that the accused before the court was the rider of the offending vehicle.
15. The learned counsel for the accused submits no cross-examination. Hence the cross-examination of the P.W.1 and P.W.2 were taken as nil.
16. The learned counsel for the accused has not cross-examined the P.Ws.1 and P.W.2 and further submits that lenient view may be taken against the accused person who is a poor person. Learned APP 8 C.C.No.11576/19 given up the evidence of C.Ws.3 to 7. It is pertinent to note that P.W.1 and 2 are not cross-examined. Hence, the version of P.W.1 and 2 remained unchallenged.
17. The learned APP argued that accident was occurred only due to the fault of the accused who rode the offending vehicle in a rash and negligent manner. In that concern, P.W.1 and P.W.2 who is none other than the injured, first informant and has supported the prosecution case. Therefore, she prays to convict the accused for the said offences.
18. 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 in the case on hand the prosecution fully depend upon the evidence of P.W.1 and P.W.2 who is none other than the injured who deposed about the accident. On the other hand the accused has not disputed the fact that he was the rider 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 9 C.C.No.11576/19 fact that the accident had occurred due to 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 accused has committed offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act. Hence point No.1 and 2 are answered IN THE AFFIRMATIVE.
19. POINT No.3: In view of the discussions made by me in the above points, I proceed to pass the following:
ORDER Acting U/s.255(2) of Cr.P.C. the accused is hereby convicted for the offence punishable U/s.279 & 338 of IPC and Sec.115 R/w.177 of M.V.Act.
The accused shall pay fine of Rs.1,000/- for the offence punishable U/s.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.1,000/- for the offence punishable U/s.338of IPC and in default he shall undergo S.I. for a period of 15 days.
Further the accused shall pay a fine of Rs.500/- for the offence punishable U/s.115 R/w.177 of M.V.Act and in default he shall undergo S.I. for a period of 15 days.
In total the accused shall pay fine of Rs.2,500/- as a fine.10 C.C.No.11576/19
His bail bond stands cancelled after completion of appeal period.
(Dictated to the Stenographer directly on computer, typed by her, corrected and then pronounced by me in the open Court this the 1st day of February 2020) (SHARMILA KAMATH K.) C/c. MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Smt. Hemalatha P.W.2: Smt. Manjula
2) LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1: Complaint Ex.P.2: FIR Ex.P.3: Spot Mahazar Ex.P.4: Rough sketch Ex.P.5: 133 notice Ex.P.6: Reply Ex.P.7: IMV Report Ex.P.8: Wound certificate
3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:
NIL
4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
NIL (SHARMILA KAMATH K.) C/c. MMTC - IV, BANGALORE.