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IN THE COURT OF XXII ADDL. CHIEF METROPOLITAN MAGISTRATE :
SECUNDERABAD
Present :Sri B.Sreenivasulu, XXII Addl.Chief Metropolitan Magistrate.
Dated 11th day of January, 2019
C.C.No.1117 of 2017
Between:
The State, represented by the Inspector of police, Bollaram Police Station, Secunderabad. …Complainant
And
Rajesh Kumar Rajput, S/o Antar Singh, Age: 33 Years, Occ: Sepoy in 554ASCBN (14840615L), R/o 554SCBN near KVC Trimulgherry, Secunderabad.
...Accused
This case coming before me on 10-01-2019 for final hearing in the presence of Asst. Public Prosecutor for the State and
Sri P.Daneswar Rao, Counsel for accused and the matter having stood over for consideration, this court delivered the following:-
J U D G M E N T
The Sub-Inspector of Police, Bollaram Police Station has filed charge sheet against the accused for the offence punishable under
Section 338 of I.P.C.
2. The brief averments of the case of the prosecution is that on 03- 08-2017 at about 18.30 Hours PW1: Sri Meenakshi lodged a written report under Ex.P1 by stating that on 03-08-2017 at about 15.30
Hours, while she was staying in her house, one unknown auto driver came to her house and informed about the accident took place near
Nagalaxmi Temple. Later PW1 rushed to the place of offence and found her brother D.Madhu, who was proceeding from Yapral to Lalbazar on his bike bearing No.AP 28 BA 3401, in the meantime on reaching near
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Nagalaxmi Temple, near Cavalry Barracks, one unknown vehicle dashed his bike and the neighbour called to 108 Ambulance and his brother was shifted to Poulomi Hospital, ECIL for treatment and later for better treatment, he was shifted to Gandhi Hospital.
On the above said report, the police Bollaram registered a case in
Crime No.97/2017 and during the course of investigation, police apprehended the accused and recorded the statements of witness and also conducted scene of offence panchanama and after completion of investigation, the police filed charge sheet against the accused.
3.After the appearance of accused, copies of the case documents is furnished to him as required under Section 207 Cr.P.C. Thereafter, the accused was examined U/sec.251 of Cr.P.C. and the accusation for the offence punishable u/s 338 of I.P.C. is read over and explained to him, for which he pleaded not guilty and claims to be tried.
4.After the closure of the evidence of the Prosecution, the accused was examined U/sec.313 of Cr.P.C., and the incriminating evidence was put to him for which he denied the same and reported no defence evidence.
5.Heard arguments from both sides. Perused the case record.
Now, the point for consideration is “Whether the prosecution
is able to prove the guilt of the accused beyond reasonable
doubt?”.
6.To substantiate the case of prosecution, though the prosecution cited as many as 07 witnesses in the charge sheet but examined only 03 witnesses i.e., PW1 to PW3 and got marked Ex.P1 to P2.
7.Heard the learned APP and counsel for the accused. PW1 who is the Sister of PW2 came to know about the accident. As per her evidence, she received
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information from 3rd party on 03-08-2017 at 02.00 P.M., that PW2 sustained injury at the place of Office Cavalry Barracks (Military Area). She found PW2 with military vehicle. Later she shifted PW2 to the Gandhi Hospital for treatment. During her cross examination, she deposed that unknown vehicle dashed against PW2.
8.PW2, who is the victim deposed that on 03-08-2017 at 01.30 P.M., when he was proceeding from Lal Bazar to Yapral on his motor cycle bearing No.AP 28 3041, when he reached to Cavalry Barracks (Military Area), the Army vehicle
Bearing No.1632958 came in opposite direction and dashed against his bike, thereby he fell down and received injuries. Again PW2 deposed the vehicle number is 163295-P. During the cross examination, PW2 stated that his statement was recorded by constable and that after the incident, he fell unconscious and gained conscious in Gandhi Hospital, subsequently he came to know that PW1 shifted him to the Gandhi Hospital. PW2 admitted that he has not stated in 161 Cr PC statement that he saw the accused at the place of offence and he can identify him, if shown to him.
9.PW3, who is the mediator to the scene of offence not supported to the prosecution and declared as hostile.
10.PW2 is the crucial witness. At one point of time i.e., in his Chief, he deposed that the accused is the driver of the crime vehicle, but in the cross examination, PW2 specifically admitted that soon after the incident, he lost conscious, hence there is no possibility to identify the accused. Apart from that,
PW2 specifically admitted that he did not stated in his 161 Cr PC statement that he saw the accused, at the time of incident. PW2 lost conscious soon after the incident and regained the conscious in the Hospital, till then he had not known that PW2 admitted in the Hospital. In the Chief Examination, PW2 stated that a
Army vehicle came in opposite direction in rash and negligent manner and dashed against his bike, mere uttering of rash and negligent is not sufficient,
PW2 has to establish about the fast driving or whether the accused applied the brakes or not, also not stated. The identity of the accused is also not
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satisfactorily proved. Hence, the benefit of doubt given to the accused. The prosecution has failed to prove the guilt of accused, beyond reasonable doubt.
11.In the result, the accused found not guilty for the offence punishable u/sec. 338 of IPC, and accordingly he is acquitted u/sec.255 (1) Cr.P.C. His bail bonds shall stands cancelled.
Dictated to the Stenographer Grade-III, transcribed by him, corrected and
pronounced by me in the Open Court on this the 11 th day of January, 2019.
XXII ADDL. CHIEF METROPOLITAN MAGISTRATE,
SECUNDERABAD.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PROSECUTION FOR THE DEFENCE
Pw1: Smt. Meenakshi ….Complainant Nil
Pw2: Sri Madhura Rajan ….Victim / Injured
Pw3: K.A.Swamy ….Panch for scene of offence
EXHIBITS MARKED
FOR THE PROSECUTION FOR THE DEFENCE
Ex.P1: Written Report of Pw1Nil
Ex.P2: Signature of PW3
M.Os MARKED
Nil
XXII ADDL. CHIEF METROPOLITAN MAGISTRATE,
SECUNDERABAD.