Bangalore District Court
State By K.S. Layout Traffic P.S vs ) Sridhar K on 1 February, 2016
IN THE COURT OF THE METROPOLITAN MAGISTRATE
TRAFFIC COURT - IV, BANGALORE
PRESENT: SMT. LATHA DEVI G.A. BAL., LLB., LLM.
MMTC - IV, BANGALORE
DATED : THIS THE 1st DAY OF FEBRUARY 2016
C.C. NO.2629-2015
COMPLAINANT: State by K.S. Layout Traffic P.S.
VS.
ACCUSED: 1) Sridhar K.
S/o Krishnappa,
Age: 28 years,
No.7/7, 6th cross, 3rd main,
Balaji Enterprises, Kattriguppe,
Banashankari 3rd stage,
Bangalore
(Represented by Sri B.M.W. adv.)
***
JUDGEMENT
The Sub-Inspector of K.S. Layout 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) punishable under section 187 of I.M.V.Act.
2 C.C.No.2629-152. THE CASE OF THE PROSECUTION IS:
That on 07-03-2015 at about 12.30 p.m. the accused being the rider of motor cycle bearing registration No.KA-41/R-2367, within the jurisdiction of K.S. Layout traffic police station driven his vehicle in a rash and negligent manner on Dr. Vishnuvardhan main road, from Uttarhalli circle towards Chikkalsandra Shanimahatma temple and the accused had dashed against the pedestrian C.W.1 who was crossing the road in front of Nirodyogi Koli shop. As a result the pedestrian (C.W.1) fell down and sustained grievous injuries. The accused without informing the jurisdictional police about the accident and without providing medical aid to the injured had fled away from the spot of the offence, thereby the accused is alleged to have committed the offences punishable U/s.279, 338 of IPC, Sec.134(a & b) punishable under section 187 of I.M.V.Act.
3. The accused had appeared before the court and has obtained bail. Prosecution documents were furnished to the accused. The court had framed the 3 C.C.No.2629-15 plea against the accused for the offence punishable U/s.279, 338 of IPC, Sec.134(a & b) punishable under section 187 of I.M.V.Act. The same was read over and explained to the accused in Kannada language known to accused. The accused has pleaded not guilty and has claimed to be tried.
4. In order to prove the guilt of the accused the prosecution has examined one witnesses as P.W.1 and 6 documents have been marked as Ex.P.1 to 6 on its behalf.
5. After closure of the prosecution evidence, the statement of the accused was recorded U/s.313 of Cr.P.C. and the accused was explained about the incriminating circumstances that have appeared against him in the evidence of the prosecution, the accused has admitted the case of prosecution and has not chosen to adduce defence evidence on his behalf.
6. Heard both the sides.
4 C.C.No.2629-157. The points that arise for my determination are as under:
1. Whether the prosecution proves beyond all reasonable doubt that on 07-03-2015 at about 12.30 p.m. the accused being the rider of motor cycle bearing registration No.KA-41/R-2367, within the jurisdiction of K.S. Layout traffic police station driven his vehicle in a rash and negligent manner on Dr. Vishnuvardhan main road, from Uttarhalli circle towards Chikkalsandra Shanimahatma temple and the accused had dashed against the pedestrian C.W.1 who was crossing the road in front of Nirodyogi Koli shop, thereby the accused is alleged to have committed an offence punishable U/s.279 of IPC?
2. Whether the prosecution further proves that on the above stated date, time and place the accused being the driver of the said vehicle, while driving his vehicle from Uttarhalli circle towards Chikkalsandra Shanimahatma temple and the accused had dashed against the pedestrian C.W.1 who was crossing the road in front of Nirodyogi Koli shop. As a result the pedestrian (C.W.1) fell down and sustained grievous injuries, thereby the accused is alleged to have committed an offence punishable U/s.338 of IPC.?
3. Whether the prosecution further proves that the accused did not provide medical aid to the injured nor the accused intimated the police about the accident, thereby the accused is alleged to have committed an offence punishable U/s.134 (a & b) punishable under section 187 of I.M.V.Act?
4. What order?5 C.C.No.2629-15
8. My findings on the above said points are as under:
1. POINT NO.1: IN AFFIRMATIVE
2. POINT NO.2: IN AFFIRMATIVE
3. POINT NO.3: IN AFFIRMATIVE
4. POINT NO.4: AS PER FINAL ORDER For the following REASONS
9. POINT No.1 & 2: These points are inter related, hence they are taken up together for common discussion.
10. THE CASE OF THE PROSECUTION IS:
That on 07-03-2015 at about 12.30 p.m. the accused being the rider of motor cycle bearing registration No.KA-41/R-2367, within the jurisdiction of K.S. Layout traffic police station driven his vehicle in a rash and negligent manner on Dr. Vishnuvardhan main road, from Uttarhalli circle towards Chikkalsandra Shanimahatma temple and the accused had dashed against the pedestrian C.W.1 who was crossing the road in front of Nirodyogi Koli shop. As a result the pedestrian (C.W.1) fell down and sustained grievous injuries. The accused 6 C.C.No.2629-15 without informing the jurisdictional police about the accident and without providing medical aid to the injured had fled away from the spot of the offence, thereby the accused is alleged to have committed the offences punishable U/s.279, 338 of IPC, Sec.134(a & b) punishable under section 187 of I.M.V.Act.
11. The learned APP submitted that the prosecution has placed sufficient material before the court to prove the guilt of the accused beyond all reasonable doubt. On the other hand the counsel for the accused has submitted that the prosecution has failed to place any convincing material before the court to prove the guilt of the accused.
12. P.W.1 Nallappa is the injured person has stated in his chief evidence that on 07-03-2015 at about 12.30 p.m. P.W.1 after finishing his work was going to his house at Chikkalsandra. While he was crossing the Vishnuvardhan Road, near Masala Hotel, near Koli shop, at that time one motor cycle bearing registration No.KA-41/R-2367 came in a rash and negligent manner from Uttarhalli circle 7 C.C.No.2629-15 towards Shani Mahatma temple and had dashed against and caused accident, in the said accident P.W.1's right leg was fractured. Further states that the rider of the motor cycle had fled away from the spot. That the public has shifted P.W.1 to Maharaja Agrasena hospital. P.W.1 has identified the accused before the court.
13. The accused advocate has not chosen to cross- examine P.W.1 leading unchallenged and unrebutted evidence of P.W.1.
14. The accused in 313 statement has accepted the prosecution evidence, thereby has accepted the case of the prosecution.
15. In the present case the accused advocate has consented to mark Spot Mahazar, 133 notice its reply, wound certificate, IMV report. Hence APP has prayed to drop C.W.2 to 7, the prayer of the APP has been accepted and C.W.2 to 7 have been dropped, in view marking of the documents with the consent of the accused advocate.
8 C.C.No.2629-1516. In the present case from the above said evidence and discussion made it reveals rash and negligent act of the accused in causing the accident and injuries to the injured. Hence I am of the opinion that prosecution has proved its case. Accordingly, I answer point No.1 & 2 IN THE AFFIRMATIVE.
17. POINT No.3: In the present case accused has been Charge Sheeted for offence U/s.134(a & b) for not having provided medical aid to the injured. P.W.2 in his evidence has stated that after accident had occurred accused had ran away from the spot offence, hence the accused can be stated to have committed offence U/s.134(a & b) for not providing treatment and failed to inform the Police Station about the occurrence of accident. Hence, I am of the opinion that the accused has committed offence U/s.134(a & b). Accordingly, I answer point No.3 IN THE AFFIRMATIVE.
18. POINT No.4: In view of the above discussions and findings I proceed to pass the following 9 C.C.No.2629-15 ORDER Accused is convicted U/s.255(2) of Cr.P.C. for the offence punishable U/s.279 & 338 of IPC, Sec.134(a & b) punishable under section 187 of I.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.134(a & b) under section 187 of M.V.Act.
In total the accused shall pay fine of Rs.2,500/- in default the accused shall undergo S.I. for a period of 30 days.
The bail bond and surety bond shall stand cancelled after the appeal period is over.
The accused person is set at liberty.
(Dictated to the Stenographer, transcribed by her corrected, revised and signed then pronounced by me in the open court this the 1st day of February 2016).
(SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.
ANNEXURE
1) LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
P.W.1: Nallappa 10 C.C.No.2629-15
2) LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1: Complaint Ex.P.2: Spot Mahazar Ex.P.3: 133 notice Ex.P.4: Reply Ex.P.5: Wound Certificate Ex.P.6: IMV Report
3) LIST OF WITNESSES EXAMINED FOR THE ACCUSED:
NIL
4) LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
NIL (SMT. LATHA DEVI G.A.) MMTC - IV, BANGALORE.