Bangalore District Court
State By R.T. Nagar Traffic vs Harish S on 7 February, 2020
IN THE COURT OF METROPOLITAN MAGISTRATE
TRAFFIC COURT - VI, BENGALURU CITY.
C.C. No.9053/2019
Dated: This the 7th day of February, 2020
Present: Smt.Triveni Iragar, M.Com, LL.B
P.O. of MMTC-VI, Bengaluru.
Complainant : State by R.T. Nagar Traffic
Police Station
V/s
Accused : Harish S
Siddappa,
Aged about 29 years,
#6/62, Kote Beedi,
Near Venugopal Temple,
Yalahanka,
Bengaluru - 560 064.
>
1 Date of commission of : 12.06.2019
offence
2 Date of report of offence : 24.06.2019
3 Name of Complainant : Ravi Shankar Khiroria
4 Date of recording : 05.02.2020
evidence.
5 Date of closing evidence : 05.02.2020
6 Offence complained of : Sec.279 and 338 of IPC
and Sec.134(B) R/w
Sec.187 of M.V. Act.
7 Opinion of the Judge : Accused found guilty
2 C.C.9053/2019
JUDGMENT
Sub-Inspector of R.T. Nagar Traffic Police Station has filed charge sheet against the accused for the offences punishable U/Sec.279 and 338 of IPC and Sec.134(B) R/w Sec.187 of M.V. Act in Crime No.52/2019.
2. The facts of prosecution case in brief are as under :
That on 12.06.2019 at 1.30 p.m. accused being the driver of car bearing registration No.KA-04-G-1044 drove the same on R.T. Nagar, 2nd Block, 14th Cross Road, towards from Dinnuru to RT Nagar BDA Complex in rash and negligent manner and hit to the C.W.2's two wheeler bearing registration No.KA-01-HN-4198 when he proceeding on 1st Main Road, 14th Cross junction towards R.T. Nagar BDA Complex to Dinnuru Main road. Due to the impact C.W.2 fall on road along with the vehicle and sustained grievous injuries. Thereby the accused committed the offences punishable U/Sec.279 and 338 of I.P.C.3 C.C.9053/2019
3. It is further case of the prosecution that, accused has not informed about the accident to the nearest police station. Thereby the accused has committed the offence punishable U/Sec.134 (B) r/w 187 of M.V.Act.
4. After Completion of Investigation, I.O. has filed charge sheet against the accused. Thereafter cognizance was taken of the offences punishable under sections U/Sec.279 and 338 of IPC and Sec.134(B) R/w Sec.187 of M.V. Act and process has been issued to the accused. Accused appeared through counsel in pursuance of process and got enlarged on bail.
5. Charge Sheet copies have been furnished to the accused in compliance of Section 207 of Cr.P.C.
6. Substance of accusation has been read over and explained to the accused, who pleaded not guilty and claimed to be tried. Hence, the case is posted for Prosecution evidence.
7. In order to establish its case Prosecution has examined one witness as PW.1 and with the consent of the accused Ex.P.1 to 9 are marked and closed its side.
4 C.C.9053/20198. Statement U/s 313 of Cr.P.C. is read over and accused accepted his offences as alleged against him .
9. Perused the materials available on record. The following points that would arise for consideration:
1. Whether prosecution proves beyond all reasonable doubts that on 12.06.2019 at 1.30 p.m. accused being the driver of car bearing registration No.KA-04-G-1044 drove the same on R.T. Nagar, 2nd Block, 14th Cross Road, towards from Dinnuru to RT Nagar BDA Complex in rash and negligent manner and hit to the C.W.2's two wheeler bearing registration No.KA-01-HN-4198 when he proceeding on 1st Main Road, 14th Cross junction towards R.T. Nagar BDA Complex to Dinnuru Main road, thereby, the accused has committed the offence punishable U/Sec.279 of Indian Penal Code ?
2. Whether the prosecution proves beyond all reasonable doubts that as a result of above said accident, two wheeler rider C.W.2 received grievous injuries, thereby, the accused has committed the offence punishable U/Sec.338 of Indian Penal Code ?
3. Whether the prosecution proves beyond all reasonable doubts that after the 5 C.C.9053/2019 accident he did informed about the accident to the nearest police station, thereby the accused has committed the offence punishable under section 134(B) R/w Sec. 187 of IMV Act?
4. What order ?
10. My findings on the above said point are as follows :
POINT NO.1 : In the affirmative
POINT NO.2 : In the affirmative
POINT NO.3 : In the affirmative
POINT NO.4 : As per the final order for
the following:
REASONS
POINT NOS.1 to 3:
11. Since these points are interlinked with each other, they are taken up together for common discussion to avoid repetition of facts, as here under.
12. In this case the prosecution has examined one witness as PW.1 and with the consent of the accused Ex.P.1 to 9 document got marked.
13. P.W.1 deposed that on 12.06.2019 at 1.30 p.m. he was proceeding in his two wheeler bearing registration No.KA-01-HN-4198 towards from R.T. Nagar 2nd Block to 1st Main Road BDA Complex at Dinnur Main road one car 6 C.C.9053/2019 bearing registration No.KA-04-G-1044 came from 14th Cross to R.T. Nagar BDA complex in rash and negligent manner and hit to his leg. Due to that he sustained grievous injuries and offending car drive shifted him to the Baptist hospital and further treatment he took at Narayana Multi-specialty hospital and he given his statement about the accident to the police. Further he deposed that on the fault of the accused accident has happened and he identified the accused before the Court as offending vehicle driver on accident day.
14. Accused counsel has not cross-examined the witness. Deposition of the witness is not at all contradicted by the accused. It shows that accused pleaded guilty, thereby accused has given consent to mark the documents Ex.P.1 to 9. There is no purpose would be served to issuance of summons to the other witnesses as accused persons given consent to mark the document and accused counsel has not choose to cross- examine the P.W.1.
15. There is no other version to disbelieve the evidence of the PW.1 in this case. Hence, I am of the opinion that accused has committed the offences and he 7 C.C.9053/2019 is convicted for the offences punishable U/Sec.279 and 338 of Indian Penal Code and Sec.134(B) R/w Sec.187 of Motor Vehicle Act. Hence, the point No.1 to 3 are answered in the affirmative manner.
16. POINT No.4: In view of findings on point No.1 and 2, this Court proceeds to pass the following:
ORDER Acting U/Sec.255 (2) of Criminal Procedure Code, 1973 accused is hereby convicted for the offences punishable Under Sec.279 and 338 of Indian Penal Code and Sec.134(B) R/w Sec.187 of Motor Vehicle Act.
The accused is sentenced to pay fine of Rs.1,000/- (Rupees One Thousand Only) in default of payment of fine, he shall undergo simple imprisonment for the period of one month for the offence punishable U/Sec.279 of Indian Penal Code.
Further, the accused is sentenced to pay fine of Rs.1,000/- (Rupees One Thousand Only), in default of payment of fine, he shall 8 C.C.9053/2019 undergo simple imprisonment for the period of one month for the offence punishable U/Sec.338 of Indian Penal Code.
Further, the accused is sentenced to pay fine of Rs.500/- (Rupees Five Hundred Only), in default of payment of fine, he shall undergo simple imprisonment for the period of 15 days for the offence punishable U/Sec.134 (B) R/w Sec.187 of Motor Vehicle Act.
Total fine of Rs.2,500/- (Rupees Two Thousand Five Hundred only).
The bail bond of the accused stands cancelled.
(Dictated to the Stenographer, transcript computerized by her, revised corrected and then pronounced by me in the open Court on this the 7th day of February, 2020) (TRIVENI IRAGAR) P.O. OF MMTC-VI, BENGALURU.
ANNEXURE Witnesses examined for the prosecution :
PW-1 : Rajeev Goyal 9 C.C.9053/2019 Documents Exhibited for the prosecution:
Ex.P1 : Complaint Ex.P2 : FIR Ex.P3 : Spot Mahazara Ex.P.4 : Rough Sketch Ex.P.5-6 : Sec.133 of M.V Act Notice & Reply Ex.P.7 : Wound Certificate Ex.P.8 : IMV report Ex.P.9 : Indemnity Bond Witness examined for the defense : Nil. Documents exhibited for the defense : Nil.
Material object got marked in this case: Nil.
P.O of MMTC-VI, Bengaluru City.