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Bangalore District Court

State By K.S. Layout Traffic P.S vs ) Upendra D. S/O. Devaraju on 2 November, 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 2nd DAY OF NOVEMBER 2018

                        C.C.No.6637/2018

COMPLAINANT: State by K.S. Layout Traffic P.S.

                            VS.

ACCUSED:      1) Upendra D. S/o. Devaraju,
                 Age: 26 years,
                 R/at 596, 35th main road,
                 14th cross road, Sarakki Garden,
                 J.P. Nagar 6th stage,
                 Bangalore


1. The date of commission of        04-06-2018
   the offence

2. The offences complained of       U/s.279, 337 & 338 of IPC.

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 M.K. Venkatesh

7. Date of order                    02-11-2018



                                  ***
                            2              C.C.No.6637/18



                      JUDGEMENT

The Police Sub-Inspector of K.S. Layout Traffic police station has filed the charge sheet against the accused for the offences punishable U/s.279, 337 & 338 of IPC.

2. It is the case of the prosecution that on 04-06-2018 at about 7.45 a.m. the accused being the driver of School bus bearing registration No.KA- 05/AC-5703 drove the vehicle in a rash and negligent manner as to endanger human life on 17th main road, J.P. Nagar 9th stage. While so driving his vehicle from Anjanapura towards Gottigere main road he dashed against the motor cycle bearing registration No.KA- 05/HM-4563 which was proceeding from Gottigere road Avalahalli towards Gottigere. Due to the impact of accident the rider C.W.1 sustained grievous injuries and the pillion rider C.W.4 sustained simple injuries, thereby the accused has committed an offence punishable U/s.279, 337 & 338 of IPC.

3. Cognizance of the offences were taken by perusing the prosecution papers and materials, the accused on receipt of summons accused appeared before the court through his counsel and got himself 3 C.C.No.6637/18 enlarged on bail. Prosecution papers were furnished to the accused as per Sec.207 of Cr.P.C. on the same day and substance of accusation in the form of plea was recorded and read over and explained to him, wherein accused pleaded not guilty and claims to be tried.

4. During the course of trial the prosecution examined 1 witness out of 8 witnesses and given up C.W.1 to C.W.7 on its behalf. The prosecution has examined 1 witness as P.W.1 and got marked 8 documents as Ex.P.1 to Ex.P.8. After completion of prosecution evidence the statement of accused as per Sec.313 of Cr.P.C. was recorded, read over, explained to the accused in his vernacular language, wherein the accused had no explanation and has denied the incriminating circumstances appearing against him and has not chosen to lead defence evidence.

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 04-06-2018 at about 7.45 a.m. the accused being the driver of School bus bearing registration No.KA-05/AC-5703 drove the vehicle in a rash and negligent manner as to endanger human life on 17th main road, J.P. Nagar 9th stage, thereby the 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 from Anjanapura towards Gottigere main road he dashed against the motor cycle bearing registration No.KA-05/HM-4563 which was proceeding from Gottigere road Avalahalli towards Gottigere. Due to the impact of accident the rider C.W.1 sustained grievous injuries and the pillion rider C.W.4 sustained simple injuries, thereby the accused has committed an offence punishable U/s.337 & 338 of IPC?

3. 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: AS PER THE FINAL ORDER For the following REASONS

7. POINT No.1 & 2: For the sake of convenience and to avoid repetition of facts, these points are taken up for common discussion to have brevity.

8. It is the case of the prosecution that on 04-06-2018 at about 7.45 a.m. the accused being the driver of School bus bearing registration No.KA- 05/AC-5703 drove the vehicle in a rash and negligent manner as to endanger human life on 17th main road, J.P. Nagar 9th stage. While so driving his vehicle from Anjanapura towards Gottigere main road he dashed against the motor cycle bearing registration No.KA- 05/HM-4563 which was proceeding from Gottigere road Avalahalli towards Gottigere. Due to the impact of accident the rider C.W.1 sustained grievous injuries and the pillion rider C.W.4 sustained simple injuries, thereby the accused has committed an offence punishable U/s.279, 337 & 338 of IPC.

9. C.W.8 examined as P.W.1 he deposed that on 04-06-2018 at about 10.00 a.m. C.W.1 lodged a complaint. Upon the said complaint he registered FIR under crime No.92/2018 punishable U/s.279, 337 & 338 of IPC. He visited the accident spot and drawn Spot Mahazar and rough sketch on the spot. He recorded statement and re-statement of the eye witnesses and other witnesses. Issued 133 notice to owner of the vehicle and received reply to the said notice. He submitted requisition to RTO officer to 6 C.C.No.6637/18 conduct IMV inspection. Accordingly received IMV report from the IMV officer. Received the wound certificate from the doctor who treated the injured. After the completion of the investigation he has submitted the Charge Sheet to this Hon'ble Court against the accused in the said case.

10. Among the witnesses examined by the prosecution C.W.8 - P.W.1 is the I.O.

11. With the consent of accused counsel C.W.1 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.8 who is none other than the I.O. has supported the prosecution case. Therefore, he prays for convict the accused for the said offences.

13. 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 7 C.C.No.6637/18 case in hand the prosecution fully depend upon the evidence of C.W.8 who is none other than the I.O. 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, 337 & 338 of IPC. Hence for the above discussion I answer point No.1 and 2 IN AFFIRMATIVE.

14. POINT No.3: In view of the above discussions and findings I proceed to pass the following:

ORDER Acting U/s.255(2) of Cr.P.C. the accused is convicted for the offences punishable U/s.279, 337 & 338 of IPC.

                  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.500/- for the offence punishable U/s.337 of IPC.

                  The accused shall pay       a fine of
            Rs.1,000/- for the offence        punishable
            U/s.338 of IPC.

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.

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 2nd day of November 2018) (GAYATHRI.S.KATE) MMTC - IV, BANGALORE.

ANNEXURE

1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:

P.W.1: Nagaraju

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 9 C.C.No.6637/18

3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:

NIL

4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:

NIL (GAYATHRI.S.KATE) MMTC - IV, BANGALORE.