Bangalore District Court
State By V.V. Puram Traffic P.S vs ) Gowrishankar S/O. Perumal on 8 August, 2018
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT - IV, BANGALORE
PRESENT: GAYATHRI.S.KATE, B.com.,LLB.,
MMTC - IV, BANGALORE
DATED : THIS THE 8TH DAY OF AUGUST 2018
C.C.No.5773/2018
COMPLAINANT: State by V.V. Puram Traffic P.S.
VS.
ACCUSED: 1) Gowrishankar S/o. Perumal,
Age: 32 years,
R/at No.19, ML Lane,
Parvathipuram,
Bengaluru
1. The date of commission of 11-04-2018
the offence
2. The offences complained of U/s.279 & 338 of IPC,
Sec.134(A & B) R/w. Sec.187 and
Sec.17(1) 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 Lakshminarayana
7. Date of order 08-08-2018
***
2 C.C.No.5773/18
JUDGEMENT
The Police Sub-Inspector of V.V. Puram Traffic police station has filed the charge sheet against the accused for the offences punishable U/s.279 & 338 of IPC, Sec.134(A & B) R/w.187 and Sec.17(1) R/w.177 of M.V.Act.
2. It is the case of the prosecution that on 11-04-2018 at about 5.10 a.m. the accused being the driver of Goods Auto bearing registration No.KA- 01/AH-6023 drove his vehicle in a rash and negligent manner as to endanger human life on J.C. Road, from Bharath junction. While so driving his vehicle in the opposite direction in the said road he dashed against the TVS XL Moped bearing registration No.KA-08/R-1412 which was proceeding in front of popular bike and style, from Minerva circle. Due to the impact of accident the rider of moped fell down along with vehicle and sustained grievous injuries on his left leg and the vehicle was damaged. Further 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.279 & 338 of IPC, Sec.134(A & B) R/w.187 and Sec.17(1) R/w.177 of M.V.Act.
3 C.C.No.5773/183. This court took the cognizance of the offence and the accused was provided with the copies of the charge sheet. When plea was read over to the accused, he pleaded not guilty and claimed to be tried.
4. To prove the guilt of the accused, the prosecution examined one witness out of 7 witnesses as P.W.1 and marked 1 document as Ex.P.1. Further the accused counsel filed a memo stating that the examination of C.W.2 to C.W.7 may be given up with consent.
5. 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 11-04-2018 at about 5.10 a.m. the accused being the driver of Goods Auto bearing registration No.KA-01/AH-6023 drove his vehicle in a rash and negligent manner as to endanger human life on J.C. Road, from Bharath junction, thereby the accused has committed an offence punishable U/s.279 of IPC?4 C.C.No.5773/18
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 in the opposite direction in the said road he dashed against the TVS XL Moped bearing registration No.KA-08/R-1412 which was proceeding in front of popular bike and style, from Minerva circle. Due to the impact of accident the rider of moped fell down along with vehicle and sustained grievous injuries on his left leg, thereby the accused has committed an offence punishable U/s.338 of IPC and Sec.17(1) R/w.177 of M.V.Act.?
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. What order?
6. 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: IN THE AFFIRMATIVE
4. POINT No.4: AS PER THE FINAL ORDER For the following REASONS
7. POINT No.1 to 3: For the sake of convenience and to avoid repetition of facts, these points are taken up for common discussion to have brevity.
5 C.C.No.5773/188. It is the case of the prosecution that on 11-04-2018 at about 5.10 a.m. the accused being the driver of Goods Auto bearing registration No.KA- 01/AH-6023 drove his vehicle in a rash and negligent manner as to endanger human life on J.C. Road, from Bharath junction. While so driving his vehicle in the opposite direction in the said road he dashed against the TVS XL Moped bearing registration No.KA-08/R-1412 which was proceeding in front of popular bike and style, from Minerva circle. Due to the impact of accident the rider of moped fell down along with vehicle and sustained grievous injuries on his left leg and the vehicle was damaged. Further 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.279 & 338 of IPC, Sec.134(A & B) R/w.187 and Sec.17(1) R/w.177 of M.V.Act.
9. C.W.1 examined as P.W.1 he deposed that on 11-04-2018 at about 5.10 p.m. accused vehicle bearing registration No.KA-01/AH-6023 drove towards Bharath junction in J.C. Road in rash and negligent manner and hit against my motor cycle bearing registration No.KA-08/R-1412 which was 6 C.C.No.5773/18 proceeding from Minerva circle in front of Popular bike and style shop. Due to the impact of accident he sustained grievous injuries in the said accident. He was taken to KIMS hospital by the general publics. By the fault of the accused driver the said accident has occurred. The accused present before the court was the driver of the offender vehicle on the day of accident. In this regard he has lodged a complaint Ex.P.1.
10. Among the witnesses examined by the prosecution C.W.1 - P.W.1 is the complainant.
11. 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 who is none other than the complainant. has supported the prosecution case. Therefore, he prays for convict the accused for the said offences.
7 C.C.No.5773/1813. 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 complainant. 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 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, Sec.134(A & B) R/w.187 and Sec.17(1) R/w.177 of M.V.Act. Hence for the above discussion I answer point No.1 to 3 IN AFFIRMATIVE.
14. POINT No.4: In view of the above discussions and findings I proceed to pass the following:
8 C.C.No.5773/18ORDER Acting U/s.255(2) of Cr.P.C. the accused is convicted for the offences punishable U/s.279 & 338 of IPC, Sec.187 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.500/- for the offence punishable U/s.187 of M.V.Act.
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.2,600/- on default he shall undergo S.I. for a period of 30 days.
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 8th day of August 2018).
(GAYATHRI.S.KATE) MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Radhakrishna 9 C.C.No.5773/18
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 (GAYATHRI.S.KATE) MMTC - IV, BANGALORE.