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CC No.262 of 2018
IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS,
HUZURNAGAR
(Dated this, the 05th day of February, 2021)
Present: SMT. A. SREEDEVI,
PRL.JUDL.MAGISTRATE OF FIRST CLASS,
KODAD,
FAC: JFCM, HUZURNAGAR.
Calendar Case No.262 of 2018
Between:- The State, rep. by A.P.P.O., Through Sub-Inspector of Police, P.S. Garidepally.
... Complainant
AND
Bura Saidulu, S/o. Sarvaiah, Age: 26 years, Caste: Gouda, Occ: Private employee, R/o. Pedaveedu village of Mattampalli Mandal, Suryapet District.
..Accused
This case is coming on 04-02-2021 before me for final hearing in the presence of the A.P.P. for the complainant and of Sri M. Nageswar Rao, Advocate, for the accused and having stood over for consideration to this day, this court delivered the following:
:: J U D G M E N T ::
1. The Sub-Inspector of Police, P.S. Garidepally, filed Charge sheet against the sole accused in Crime No.45 of 2018 for the offences punishable under Sections 304-A of Indian Penal Code and Section 196(A) of M.V. Act.
2. The brief facts of the case of the prosecution is that, on 08-03-2018 at 11.00 hours, the complainant Avula Veeraswamy
S/o.Ramulu, came to Police station and lodged a Telugu written complaint, stating that on 07.03.2018, evening hours, his father Avula
Ramulu went on his Bicycle to the outskirts of Appannapeta village on his personal work and returned to his village and that when he 2
CC No.262 of 2018
reached near Satyasai Crusher Mill, at about 06.45 p.m., in the meantime, the accused, who was the rider of a Bullet Motorcycle bearing No.TS-29A-0098, came from Huzurnagar side towards
Miryalaguda side, drove his motorcycle in a rash and negligent manner and dashed to his father’s Bicycle, due to which his father Avula
Ramulu fell down on the road and sustained severe injury to his head and that immediately, he was shifted to Government Area Hospital,
Huzurnagar for treatment and from there, on the advice of Doctor, the injured Ramulu was again shifted to Khammam for better treatment, but on the way, at about 11.00 p.m., he was succumbed to injuries.
Hence, the LW.1 requested to take legal action against accused person.
On receipt of report from LW1, LW10/V. Srinivas, Head
Constable-1659 of P.S Garidepally, registered a case in Crime No.45 of 2018 for the offences punishable under Sections 304-A of Indian Penal
Code,dispatched the FIR’s to all concerned and took up the investigation.
During the course of his investigation, the LW.10 examined and recorded the statement of the complainant at P.S., and thereafter, he along with PC-219, visited Government Area Hospital, Huzurnagar, observed the dead body in Mortuary room, took photographs of the dead body, examined and recorded the statements of LWs.2 to 5 viz.,
Avula Thirapamma, Avula Veeraswamy, Mandava Veera Swamy and
Pagilla Hussain and later he conducted inquest over the dead body of
Avula Ramulu in the presence of mediators (i.e.) LW.6/Pagilla
Nagaraju and LW.7/Nallagonda Venkatesh and after filing of requisition 3
CC No.262 of 2018
before Medical Officer, subjected the dead body to PME and later, the
dead body was handed over to their relatives. That thereafter, the
LW.10 visited the scene of offence along with same mediators, situated near Sri Satya Sai Crusher Mill, at the outskirts of
Appannapeta village on Kodad to Miryalaguda road, observed the scene minutely, conducted scene of offence panchanama and drew rough sketch map and brought the crime Bullet to Police station.
Subsequently, the LW11/Y. Saidulu, Sub-Inspector of Police, P.S
Garidepally, took up the investigation from LW.10 and verified and found the same on proper lines and after serving notice u/Sec.41(A)
Cr.P.C., the accused surrendered before the LW.11 and produced his driving license, but he failed to produce the Insurance certificate of crime motorcycle, as such, the LW.11 added Section of Law u/Sec.196(A) of M.V. Act and issued notice u/Sec.41(A) 3 Cr.P.C., to the accused by informing that he would attend before the Hon’ble
Court as and when summoned. After receiving the requisition from
LW.11, the LW.9/Bhukya Veerendra Nayak, Asst. Motor Vehicle
Inspector, Kodad, who inspected the crime vehicle has furnished report, opining that the accident occurred was not due to any mechanical defects of the crime vehicle. The LW.8/Dr. B. Sridhar, who conducted autopsy over the dead body of the deceased issued report opining that the cause of the death of the deceased was due to “head injury”. After completion of investigation, the LW11 filed charge sheet against the accused for the offences punishable under Sections 304-A, of Indian Penal Code and Section 196(A) of M.V. Act. Hence the prosecution case in nutshell.
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CC No.262 of 2018
3. The case was taken on file against the accused for the offences punishable under Sections 304-A, of Indian Penal Code and Section 196(A) of M.V. Act
4. On appearance of the accused, copies of the case documents were furnished to him, as required under Section 207 of Cr.P.C.
5. Accused was examined under Section 251 of Cr.P.C., and substance of the accusation for the offences punishable under Section 304-A of Indian Penal Code and Section 196 (A) of M.V. Act was read over and explained to him in Vernacular, for which, he pleaded not guilty and claimed to be tried.
6. To prove its case, the prosecution has examined PW.s 1 to 4 and got exhibited Exs.P1 to P.5.
7. The examination of the accused under Section 313 Cr.P.C. is dispensed with, as there is no incriminating material available against him in the evidence of the prosecution witnesses.
8. Heard the learned APP and the counsel appearing for accused.
Perused the material available on record.
9. Now, the point for determination is:
“Whether the prosecution has brought home the guilt of
the accused for the offence punishable under Section 304-
A of Indian Penal Code and Section 196(A) of M.V. Act, beyond all reasonable doubt?” 5
CC No.262 of 2018
10. POINT :
a) The charge against the accused is under Sections 304-A of Indian
Penal Code and Sections 196(A) of M.V. Act.
b) In order to substantiate its case, the prosecution got examined only four witnesses as PWs.1 to 4. PW.1 is the complainant and son of the deceased namely Avula Ramulu. PW.2 is the wife of the deceased.
PW.3 is the younger brother of deceased and PW.4 is the eye witness to the incident in this case.
c) PWs.1 to 3 in one voice deposed that about four years ago, the deceased Ramulu died in a road accident, but they have not witnessed the said accident and that Police came to their house and obtained their signatures on white papers. PW.4, who is the eyewitness to the incident also turned hostile and he simply deposed that he has not witnessed any incident and do not know anything about the case.
d) Thus, as PWs.1 to 4, who are the material witnesses did not support the prosecution case and resiled from their earlier statements, thereby displaying innocence of the accused, therefore, at the request of the learned APP, they were treated as hostile, but inspite of the cross examination by the learned APP, they did not stated anything incriminating against the accused and denied the suggestion that the accused caused accident to the deceased, resulting in the death of the deceased and that they are deposing false due to compromise with the accused. In the given circumstances, as the material witnesses did not support the prosecution case, the prosecution has given up the evidence of the remaining witnesses, as no useful purpose would be 6
CC No.262 of 2018
served by examining them. The evidence of PWs 1 to 4 is not sufficient to say that the prosecution has made out its case against the accused. In these circumstances, there is no other alternative for the court, except to say that the prosecution has failed to make out its case against accused beyond doubt.
d) In view of the above discussions, it is held that the prosecution failed to make out its case against the accused for the offences with which he is charged beyond reasonable doubt and the point is answered accordingly against the prosecution.
11. In the result, the accused is not found guilty of the offence punishable under Section 304-A of Indian Penal Code and Section 196(A) of M.V. Act and accordingly, he is acquitted of the same under
Section 255(1) of Cr.P.C. The bail bonds of the accused, if any, shall stand cancelled.
(Typed to my dictation by the Personal Assistant, corrected and pronounced by me in the open court, on this the 05th day of February, 2021.)
JUDL.MAGISTRATE OF FIRST CLASS,
KODAD, FAC: JFCM, HUZURNAGAR.
Appendix of Evidence
Witnesses examined For prosecution : PW1: Avula Veeraswamy/Complainant & son of the deceased PW2: Avula Thirupathamma /Wife of deceased and Cir.witness PW3: Avula Veeraswamy/Younger Brother of the deceased & Cir.witness PW4: Mandava Veera Swamy/Eye witness
For Defence : -None- 7
CC No.262 of 2018
Exhibits Marked
For Prosecution :
Ex.P1: Signature of Pw.1 on the report Ex.P2: 161 Cr.P.C statement of PW1 Ex.P3: 161 Cr.P.C statement of PW2 Ex.P4: 161 Cr.P.C statement of PW3 Ex.P5: 161 Cr.P.C statement of PW4
For Defence : NIL Material objects -None-
JUDL.MAGISTRATE OF FIRST CLASS,
KODAD, FAC: JFCM, HUZURNAGAR.