Sri N.Joseph Devaveera, B.A., B.L.

IN THE COURT OF JUDL. MAGISTRATE OF FIRST CLASS,

GOOTY

Present : Sri N. Joseph Deva Veera,

Judl. Magistrate of I Class

Friday, the 4 th day of April, 2014

C.C. 406 of 2011

Between

State rep. by the Station House Officer, Peddavaduguru police station . ….Complainant.

AND

M. Lakshminarayana, aged 24 years, S/o M. Krishna Murthy, Driver of auto bearing No.AP-02-X-9368, D.No.3-37, T.Kothapalli village, Gooty mandal. ….Accused.

This case is coming on this day before me for final hearing in presence of Assistant Public Prosecutor for State and Sri P.V.Thimma Reddy and Sri A. Suryanarayana, Advocate for the Accused, and having stood over for consideration till this day, this court delivered the following ;-

J U D G M E N T

1]The Sub-Inspector of Police, Peddavaduguru P.S has laid charge sheet against the accused for the offence punishable under section 304(A) of Indian Penal Code.

2]The brief facts of the charge sheet is as follows :-

On 19-12-2011 at 5-00 hours, both the defacto complainant/LW.1, P. Adilakshmi, deceased Penugonda Lakshmaiah and accused auto driver were present in the auto and when the auto was passing near Lakshminaryana Reddy petrol bunk after Kistipadu crossing, he accused being the driver of the auto drove the auto in a rash and negligent manner with high speed, lost control over the auto, due to which, the auto turned turtle, the defacto complainant, accused 2 auto driver escaped unhurt, but deceased Penugonda Lakshmaiah was sustained with severe bleeding injuries and he was shifted to Govt.

Hospital, Gooty, there he died on 19-12-2011 at 10-15 hours while undergoing treatment. On the complaint of LW.1, P. Adilakshmi, case in Cr.No.112 of 2011 U/s.304(A) of Indian Penal Code was registered by

LW.11, Rama Krishna Reddy, S.I of Police for the offence U/s.304(A) of

Indian Penal Code and conducted inquest over the dead body of deceased, sent the dead body to post-mortem examination. Accused was arrested on 26-12-2011 and sent him to the court for judicial custody. After receipt of post-mortem report, Motor Vehicle Inspector

Report, and completion of investigation, LW.11, Rama Krishna Reddy,

S.I of Police, Peddavaduguru P.S, filed charge sheet against the accused for the offence punishable U/s.304(A) of Indian Penal Code.

3]Cognizance of the offence was taken for the offence punishable U/s.304(A) of Indian Penal Code and issued summons. On appearance of accused, copies of case documents were furnished as contemplated U/s 207 Cr.P.C. Accused was examined U/s 251 Cr.P.C.

The prosecution case is explained to the accused, accused reported that as a false case and pleaded not guilty and claimed to be tried in accordance with law.

4]The prosecution examined PWs.1 to 3 and got marked

Ex.P.1 to P.4.

5]Since there is no incriminating evidence available in the prosecution witnesses against the accused, section 313 Cr.P.C is dispensed with.

6]Heard both sides.

3 7]Now the point for determination before me is “Whether

the prosecution has established the guilt of the accused for

the offence punishable U/s.304(A) of Indian Penal Code beyond

all reasonable doubt?” 8]POINT:-

To prove its case, the prosecution has to establish that it is the accused on 19-12-2011 at 5-00 hours being the driver of the crime vehicle auto bearing No. AP-02-X-9368 drove in a rash and negligent manner at high speed, as a result of which, auto turned turtle, due to which deceased Penugonda Lakshmaiah sustained with severe bleeding injuries, died on the same day at about 10-15 hours while undergoing treatment at Hospital.

9]To substantiate its case, the prosecution has examined

PW.1 to 3. Coming to the appreciation of evidence, PW.1 who heard about the accident to her husband, rushed to the hospital, found her husband was no more and that he has not enquired about the manner of accident and who was responsible for the said accident and that she was not examined by the police, turned hostile to the case of prosecution. PW.2, who accompanied with the deceased in the auto has deposed that himself and his younger brother deceased P.

Lakshmaiah were sitting on theback side of the auto and when the auto reached near Kristipadu, the auto driver lost control over the auto and the auto turned turtle and they fell on the ground and that he sustained dumb injuries and fell unconcscious and his brother

Lakshmaiah sustained bleedinginjuries all over his body and was shifted to Govt. Hospital, Gooty by an Ambulance and he did not prefer any complaint to the police, turned hostile to the case of prosecution.

PW.3, deposed that he received phone call tha his brother Lakshmaiah 4 met with road accident and he was shifted to Govt. Hospital, Gooty and on hearing the same he rushed to the hospital and found his brother was no more and he had not enquired about the manner of the accident and who was responsible for the said accident and that he was not examined by the police, turned hostile to the case of prosecution. The prosecution has to establish rash, negligence and high speed driving of the auto by the accused, but none of the witnesses i.e., PW.1 and 2 identified the accused except PW.3, but not deposed about the rash and negligent driving of the accused and manner of the accident. According to prosecution case, PW.2 travelled in the auto and he witnessed the accident, but he turned hostile to the case of prosecution and not supported the case. PW.1 and 3 who heard about the accident, but not witnessed the accident. As such, the prosecution miserably failed to bring home the guilt of the accused for the offence punishable U/s.304(A) of Indian Penal Code. Hence, the accused is entitled for acquittal.

10]In the result, accused is found not guilty for the offence punishable U/s.304 (A) of Indian Penal Code and he is acquitted

U/s.255(1) of Cr.P.C. The bail bonds of the accused shall stands cancelled. The unmarked property if any shall be dealt with in accordance with law after expiry of appeal time.

Typed to my dictation to the Personal Assistant, corrected and pronounced by me in the Open Court, this the 4th day of April, 2014.

Judl. Magistrate of I Class, Gooty.

APPENDIX OF EVIDENCE

Witnesses examined

Prosecution Defence

PW-1: P. AdilakshmiNone 5

PW-2: P. Durgaiah PW-3: P. Narayana

EXHIBITS MARKED

Prosecution Defence

Ex.P-1: 161 Cr.P.C Statement of PW.1NIL Ex.P-2: Signature portion of PW.2 on complaint Ex.P-3: 161 Cr.P.C Statement of PW.2 Ex.P-4: 161 Cr.P.C Statement of PW.3

M.O’s. Marked

Prosecution Defence: -

NIL NIL

J.F.C.M.

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