CC No.258 of 20171
IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS,
LUXETTIPET AT :: LUXETTIPET
Present:Sri. P. Laxmana Chary,
Judicial Magistrate of First Class, Luxettipet
Wednesday, this the 30th day of October, 2019
CC. No.258 of 2017
Between:
The State of Telangana through Station House Officer, PS Luxettipet. .… Complainant
And
Narra Srinivas, S/o: Shankaraiah, Aged about: 37 years, Occ: Eicher Van Driver, N/o: H.No.156/1, Pochammawada, Huzurabad of Karimnagar district. Presently R/o.Qr.No.2, RK8 Colony, Srirampur of Mancherial district.
…. Accused
This case is coming before this court for final hearing before me in the presence of Learned Sr.A.P.P. for the State and Sri Gandla Sathyanarayana, counsel for the accused, having been heard and stood over for consideration till this day, the court delivered the following: :: J U D G M E N T ::
1.This is a case on police report filed by the SubInspector of Police, PS,
Luxettipet, in Crime No.87/2017, for the offence punishable U/Sec.304A of
Indian Penal Code (for short IPC) against sole accused.
2.The case of the prosecution in brief is that, on 29062017 at about 1730 hours, the defactocomplainant Kandula Malleshwari came to Police Station and lodged a report stating that on 29062017 her husband Kandula
Rajasekhar went to Uthkur village weekly sandy on his Splendor Plus
Motorcycle bearing No.AP01AF 9110 for purchasing vegetables, after purchasing the vegetables, while her husband returning to home, on the way near SRR function hall on NH63 at about 4.45 p.m., in the meantime the driver of Eicher van bearing No.AP01Y 7479, drove it in rash and negligent manner with high speed which is coming from Mancherial side and dashed to
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her husband’s motorcycle, due to which her husband fell down on the road, sustained bleeding injuries on his forehead and died on the spot, she came to know about the accident through her villager namely Gangula Rammurthy, on knowing about the accident she immediately rushed to the spot and found the dead body of her husband with injuries on his forehead, upper lip, right knee and left forearm etc., hence she requested to take necessary action against the driver of Eicher van bearing No.AP01Y 7479. Basing on the report,
LW12/B.Sammaiah, Sub Inspector of Police, PS Luxettipet registered a case in
Cr.No.87/2017 for the offence punishable U/Sec.304A IPC, issued FIR and took up investigation. During the course of investigation, he examined and recorded the statement of LW1/Kandula Malleshwari, visited the scene of offence situated near SRR function hall, Luxettipet on NH63, observed the dead body of the deceased, the crime vehicle i.e., Eicher van bearing No.AP01Y 7479 was found at the scene of offence, later he got photographed the dead body of the deceased with the help of LW6/Veeramalla Rajagopal Rao, later secured the presence of two mediators i.e., LW8/Vennempelli Sathaiah and
LW9/Porandla Swamy, conducted scene of offence panchanama by incorporating the crime details in crime details form including rough sketch in their presence, later shifted the dead body to Government Area Hospital,
Luxettipet and kept in the mortuary room for safeguard since it was late hours, further LW12 shifted the crime vehicle to the Police Station for inspection, on the next day, LW12 visited the Government Hospital, Luxettipet, again observed the dead body of the deceased and again took the photographs of the dead body in the mortuary room and held inquest over the dead body of the deceased in the presence of same mediators and subjected the dead body for autopsy.
During inquest, he examined and recorded the statements of LW2/Kandula
Mallavva, LW3/Gangula Rammurthy, LW4/Kandula Ramaiah, LW5/Golla Ravi and LW6/Veeramalla Rajagopal Rao. While the investigation is under process, on 06072017 at 1230 hours, the accused along with owner of crime vehicle i.e., LW7/Kandula Rajender came to Police Station and surrendered before him, immediately he taken the accused into custody and effected his arrest and later released him on bail after furnishing sufficient sureties, LW12 examined and recorded the statement of LW7. LW10 Nalla Prathyusha, Assistant Motor
Vehicle Inspector who inspected the crime vehicle issued inspection report opining that the accident was occurred not due to any mechanical defects of
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the crime vehicle. LW11/Medical Officer who held autopsy over the dead body of the deceased issued PME report opining that the death of deceased is due to “cardiorespiratory arrest due to head injury”. After completion of investigation,
LW12 laid charge sheet for the offence punishable U/Sec.304A IPC against the accused.
3.Cognizance was taken for the offence punishable U/Sec.304A IPC against the accused and summons were issued.
4. On appearance of accused, the copies of case documents were furnished to him incompliance of Sec. 207 of Cr.P.C.
5.The accused was examined U/Sec.251 of Cr.P.C for the offence punishable U/Sec.304A of IPC. The substance of accusation leveled against him, read over and explained to him, for which he pleaded not guilty and claimed to be tried, hence summons were issued to the witnesses.
6.During the trial, in order to prove the guilt of accused, the prosecution examined PW1 to PW9 and got marked Ex.P1 to P13. The description of witnesses and the documents will be discussed hereinafter.
7.On completion of the evidence of the prosecution, accused was examined
U/Sec.313 of Cr.P.C., where he denied the incriminating material appearing against him in the evidence of the prosecution witnesses and reported no defence evidence on his behalf. Hence defence evidence also closed and posted the matter for arguments.
8.Heard the arguments on both sides and perused the record.
9.Now the point for determination is:
Whether the prosecution is established and proved the guilt of
accused beyond all reasonable doubt for the offence punishable
U/Sec.304A of IPC?
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POINT:
10.The gist of the prosecution story is that, on 29062017 while the defacto complainant Kandula Malleshwari’s husband Kandula Rajasekhar returning to their house on his motorcycle bearing No.AP01AF 9110, on the way when he reached near SRR function hall, Luxettipet on NH63 at about 4.45 p.m., in the meantime the accused being the driver of Eicher van bearing No.AP01Y 7479 drove it in rash and negligent manner with high speed which is coming from
Mancherial side and dashed to the motorcycle of her husband, due to which he fell down on the road and sustained bleeding injuries on his forehead, upper lip, right knee and left forearm etc., and died on the spot. Hence the case.
11.The prosecution in support of the case examined as many as 9 witnesses, amongst them, PW1/Kandula Malleshwari is the defactocomplainant,
PW2/Gangula Rammurthy is the eye witness, PW3/Golla Ravi is the brother inlaw of deceased, PW4/Veeramalla Rajagopal Rao is the photographer,
PW5/Kandula Rajendar is the owner of crime vehicle, PW6/Vennempelli
Sathaiah is the mediator for crime details form and inquest panchanama,
PW7/Nalla Prathyusha is the Assistant Motor Vehicle Inspector,
PW8/Dr.E.Shekar is the Medical Officer and PW9/B.Sammaiah is the
Investigation Officer. Ex.P1 is the report, Exs.P2 to P7 are 5 photographs along with Compact Disc, Ex.P8 is the crime details form, Ex.P9 is the rough sketch,
Ex.P10 is the inquest panchanama, Ex.P11 is MVI report, Ex.P12 is the PME report and Ex.P13 is the First Information Report.
12.The learned Senior Assistant Public Prosecutor on behalf of the State submitted that the oral evidence of PW1 to PW9 coupled with documentary evidence proved the guilt of the accused beyond all reasonable doubt for the offence punishable U/Sec.304A IPC, hence prayed for conviction of the accused. On the other hand, the learned defence counsel appearing on behalf of the accused submitted that the accused did not commit any offence as alleged by the prosecution. He further submitted that PW2 is the crucial witness who alleged to be eye witness to the alleged accident and there are several improvements in his evidence which are goes to the roots of the case, hence his evidence did not inspire any confidence, hence prayed for acquittal.
CC No.258 of 20175
13.Basing on the rivalry contentions, let us consider the evidence on record.
PW1 who being the defactocomplainant deposed that on 29.06.2017 her deceased husband came to Luxettipet from their village for bringing vegetables, after taking vegetables while he was returning to their village on their motorcycle B.No.9100, on the way when he reached near SRR function garden,
Uthkur chowarastha at about 4.45 pm, in the meantime the driver of the van bearing No.7479 which was coming from Mancherial to Luxettipet, drove it in negligent manner, dashed to her deceased husband’s vehicle, due to which her deceased husband sustained severe bleeding injuries on his head, lips and legs and died on the spot. She further deposed that she came to know about the accident through PW2, after knowing about the accident, immediately she went to Government Hospital, Luxettipet where she found the dead body of her deceased husband with severe bleeding injuries on his head, lips and legs. She further deposed that the accident was occurred due to the negligent driving of van driver by name Narra Srinivas, hence she lodged report about the accident.
14.PW2 who being the eye witness deposed that on 29.06.2017 in the evening hours in between 4.00 p.m. to 4.40 p.m., he along with deceased were proceeding on separate motorcycles from Luxettipet to their village Laxmipur, while they were going with a distance of 100 meters between his vehicle and the deceased vehicle, on the way when they reached S.R.R gardens situated near to the police station, Luxettipet, in the meantime the Eicher van bearing No.7479 which was coming in their opposite direction, dashed to the deceased motorcycle Hero Honda Splendor plus bearing No.9110, due to which the deceased sustained bleeding injuries on his head and leg and due multiple injuries the deceased died on the spot. He further deposed that the driver of the Eicher van drove it in speed manner and dashed to deceased motorcycle, after the accident he informed the same to the wife of deceased over phone, within 15 to 20 minutes the wife of the deceased and his family members came to the scene of offence. He further deposed that he witnessed the driver of the
Eicher van at the time of accident and he identified the accused in the open court. He further deposed that he came to know the Eicher van driver name as ‘Srinivas’ when the police came to the scene of offence and during the course of enquiry. He further deposed that the accident was occurred due to the fault of
CC No.258 of 20176
the driver of Eicher van who came in a speed manner.
15.PW3 who being the brotherinlaw of deceased deposed that on 29.06.2017 in the evening hours between 4.30 p.m. to 5.00 p.m. while he was at his agricultural fields, PW2 made a phone call and informed about the accident, immediately he went to the scene of offence, there he found the dead body of his deceased brotherinlaw in front of the crime vehicle, he also found the deceased sustained bleeding injuries on his head, on his lips and on one leg.
16 PW4 who being photographer deposed that on 30.06.2017, as per the instructions of police Luxettipet he went to the scene of offence situated near
SRR function hall, Luxettipet where he took the photographs of scene of offence along with deceased, later at request of police he also went to Government
Hospital, Luxettipet where he also took the photographs of dead body of a male person by name Kandula Rajashekar. He came to know that the deceased died in a road accident, later he handed over the photographs along with Compact
Disc to the police Luxettipet.
17.PW5 who being the owner of crime vehicle deposed that on 29.06.2017 his Eicher van was proceeded from Gudipet liquor go down to Pegadapelly to dump the same, on the way when his Eicher van reached SRR function hall
Luxettipet met with an accident with two wheeler motorcycle, in that accident the rider of the motorcycle died on the spot. He further deposed that he came to know about the accident through the by standers of the scene of offence. He further deposed that on 22.06.2017 he leased out his Eicher van to SR transport company Mancherial for a period of 2 years.
18.PW6 who being the mediator for crime details form and inquest panchanama deposed that about one year back, on one day in the evening hours he came to know about the accident to the deceased Rajashekar, on knowing about the accident he came to the scene of offence situated SRR garden Luxettipet, where police Luxettipet prepared scene of offence panchanama in the presence of him and LW9/Porandla Swamy by incorporating the crime details in the CDF along with rough sketch, it is with
CC No.258 of 20177
regard to an accident between one motorcycle and Eicher van, after preparing the scene of offence panchanama along with rough sketch, police obtained his signature and the signature of LW9 on it, later police brought him along with
LW9 to Government Hospital, Luxettipet where inquest panchanama of the deceased was prepared in the presence of him and LW9, during the course of inquest panchanama, he found the deceased sustained bleeding injury on his head, ribs and legs and he came to know that the deceased died in an accident, after preparing inquest panchanama police obtained his signature and the signature of LW9 on it.
19.PW7 who being the Motor Vehicle Inspector who inspected the crime vehicle deposed that on 10.07.2017 she received a requisition from police,
Luxettipet with a request to inspect the crime vehicle i.e., Eicher van bearing
No.AP01Y 7479, accordingly on 11.07.2017 she proceeded to PS Luxettipet and inspected the crime vehicle. During course of her inspection, she found the following damages i.e.,
1) Right hand side indicator and head light totally smashed.
2) Right hand side bumper pressed in. and
3) Front body pressed in.
After completion of his inspection, she issued inspection report opining that the accident occurred was not due to any mechanical defects of the crime vehicle.
20.PW8 who being the Medical Officer deposed that on 30.06.2017 in the morning hours at about 9.15 a.m., he received a requisition from SubInspector of Police, PS Luxettipet to conduct autopsy over the dead body of Kandula
Rajashekar, accordingly he conducted autopsy over the dead body of deceased/Kandula Rajashekar. During course of his postmortem examination, he found the following external injuries over the dead body of deceased i.e.,
1) Loss of middle 1/3 rd of upper lip.
2. Laceration over right knee.
3. Laceration above left eyebrow.
4. Laceration anterior part of right leg.
5. Abrasion on left elbow.
CC No.258 of 20178
He also found the following internal injuries i.e.,
1) Fracture over left side of frontal bone of skull.
2) Fracture on right tibia.
After completion of postmortem examination, he issued PME report opining that the above mentioned external and internal injuries are antimortem in nature, the approximate death is about 16 to 18 hours to the PME and the cause of the death is “Cardio respiratory arrest due to head injury”.
21.PW9 who being the Investigation Officer deposed that on 29.06.2017 at 1730 hours, he received report from PW1 under Ex.P1, basing on it, he registered a case in Cr.No.87/2017, for the offence punishable U/Sec.304A of
IPC, issued FIR and took up investigation, during the course of investigation he examined and recorded the statement of PW1, then proceeded to the scene of offence situated at SRR function hall Luxettipet, there he secured the presence of two mediators i.e., PW6 and LW9/Porandla Swamy and prepared the scene of offence panchanama by incorporating the crime details in CDF including rough sketch in the presence of the above said mediators and he also got took photographs of the scene of offence with the help of PW4, subsequently he got shifted the dead body of the deceased Kandula Rajashekar to Government
Hospital, Luxettipet due to late hours. On the next day morning i.e., 30.06.2017 he again went to the Government Hospital, Luxettipet along with the same mediators and conducted inquest over the dead body of the deceased and also got took photographed the dead body of the deceased in the hospital.
In the hospital itself he examined and recorded the statements of LW2/K
Mallavva, PW2, LW4/K Ramaiah, PW3 and PW4. later he made a requisition to
PW7 with a request to inspect the crime vehicle and issue report, accordingly
PW7 inspected the crime vehicle and issued report. He further deposed that on 06.07.2017 in the afternoon hours at about 12.30 p.m., accused by taking PW5 who is the owner of the crime vehicle came to PS and admitted his guilt, he effected the arrest of accused and on production of sufficient sureties he released the accused on station bail, after collection of MVI report and PME and after completion of investigation he laid charge sheet for the offence punishable
U/Sec.304A of IPC against accused.
CC No.258 of 20179
22. In order to appreciate the rival contentions on both sides, it will be appropriate at this stage to read section 304A of IPC.
Sec.304A IPC Causing Death By Negligence :
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
23.To prove the accusation against the accused for the offence punishable
U/Sec. 304A IPC, the prosecution has to establish beyond all reasonable doubt that the accused is the driver of crime vehicle, who dashed the deceased
Kandula Rajasekhar motorcycle, because of which the deceased fell down and sustained injuries and died on the spot.
24.As per the oral evidence of PW1 coupled with Ex.P1, on knowing about the accident PW1proceeded to the scene of offence and found the dead body of her husband with injuries. PW1 came to know about the accident through
PW2 who is their villager. The evidence of PW3 is also in the similar lines of
PW1. In such circumstances, the evidence of PW1 and PW3 clearly goes to show that they are not eye witness to the accident.
25.PW2 is a crucial witness who alleged to be eye witness to the alleged accident, deposed in his chief examination for the first time that he witnessed the accused at the scene of offence, it is an material improvement which goes to the roots of the case. As per his previous statement, he simply stated that the driver of the Eicher van bearing No.AP01Y 7479 drove it in rash and negligent manner and dashed to the motorcycle of the deceased and he did not whisper anything about witnessing of the accused at the scene of offence and he also did not disclose the physical features of the accused in it. PW9 the
Investigation Officer also admitted the fact that PW2 did not state in his
Sec.161 Cr.P.C. statement that witnessed the accused at scene of offence and also did not disclose the physical features of the accused in his statement.
From this, the veracity of evidence of PW2 did not inspire any confidence.
CC No.258 of 201710
26.The evidence of PW4 shows that as per the instructions of police
Luxettipet, he proceeded to the scene of offence and took the photographs there and it also shows that he went to Government Hospital, Luxettipet and took the photographs of the dead body of the deceased Kandula Rajasekhar. As per the evidence of PW5, the crime vehicle i.e., Eicher van bearing No.AP01Y 7479 is belongs to him which is met with an accident on 29062017 while proceeding from Gudipet liquor go down to Pegadapally at the scene of offence.
27.As per the evidence of PW6, police prepared scene of offence panchanama at the spot in the presence of him and LW9/Porandla Swamy and also prepared inquest panchanama of the dead body of the deceased at Government Hospital,
Luxettipet in their presence. As per the evidence of PW7 on 11072017 she proceeded to PS Luxettipet and inspected the crime vehicle as per requisition of the police and issued MVI report by noting the damages to crime vehicle. As per the evidence of PW8, on 30062017 in the morning hours at about 9.15 a.m., he received requisition to conduct autopsy over the dead body of the deceased Kandula Rajasekhar, accordingly he conducted PME and issued PME report by noting the injuries and also by giving the cause of the death.
28.The other evidence available on record is the evidence of PW9 who is
Investigation Officer who laid charge sheet after completion of investigation.
According to him, on 29062017 at 1730 hours, he received report from PW1 under Ex.P1, basing on it, he registered a case in Cr.No.87/2017 for the offence punishable U/Sec.304A IPC and issued FIR under Ex.P13 and took up investigation, after completion of investigation, he laid charge sheet. During the course of his cross examination, it is elicited that PW2 did not state anything in his Sec.161 Cr.P.C. that at the time of accident there is 100 meters distance between him and deceased. It is also elicited that PW2 did not state in his
Sec.161 Cr.P.C. statement that he witnessed the accused at the scene of offence and he can also identify the accused if see again. He denied the other suggestions which are against to the case of the prosecution.
29.As per the prosecution story, PW2 is the eye witness to the alleged accident, however as stated supra there is a material improvement with regard to witnessing the accused at the scene of offence at the time of accident. After
CC No.258 of 201711
receiving the report from PW1 only PW9 proceeded to the scene of offence and prepared scene of offence panchanama along with rough sketch. As per rough sketch which is marked under Ex.P9 it resembled the dead body of the deceased, injured vehicle, vegetables and also the crime vehicle on the edge of left side road, but as per the panch witness for the scene of offence panchanama who is examined as PW6, he did not whisper anything about the witnessing of the dead body of the deceased, injured vehicle, vegetables and also the crime vehicle on the edge of left side road in his deposition. Hence, the oral evidence of panch witness to the scene of offence is not in consonance with the rough sketch which is prepared at the time of preparing scene of offence panchanama.
30.Having considered and scrutinized the evidence on record and in view of the reasons stated supra, this court is considered opinion that, at the best the evidence adduced by the prosecution goes to show that the deceased died in an accident, but the prosecution failed to prove that the accused is only the driver of the crime vehicle who drove it in rash and negligent manner and caused the accident which resulted in causing death of deceased. Therefore, the prosecution failed to bring home the guilt of the accused for the offence punishable U/Sec.304A IPC beyond all reasonable doubt, hence the accused is entitled for benefit of doubt. Accordingly the point is answered.
31.In the result, the accused is found not guilty for the offence punishable
U/Sec.304A of IPC and accordingly he is acquitted U/Sec.255(1) of Cr.P.C for the offence punishable U/Sec.304A of IPC. The bail bonds of the accused shall stands canceled after expiry of six months as contemplated U/Sec. 437A
Cr.P.C. There is no case property.
Dictated to the stenographer, transcribed by him and after correction,
pronounced by me in the open court on this the 30 th day of October, 2019.
JUDICIAL MAGISTRATE OF FIRST CLASS
LUXETTIPET
:: APPENDIX OF EVIDENCE ::
CC No.258 of 201712
WITNESSES EXAMINED
ON BEHALF OF THE PROSECUTION::
PW1(LW1) Kandula Maheshwari – Defacto complainant
PW2(LW3) Gangula Rammurthy – Eye witness PW3(LW5) Golla Ravi – Brotherinlaw of deceased
PW4(LW6) Veeramalla Rajagopal Rao Photographer PW5(LW7) Kandula Rajendere – Owner of crime vehicle
PW6(LW8)Vennempelli Sathaiah – Panch for CDF & Inquest PW7(LW10) Nalla Prathyasha – Asst. Motor Vehicle Inspector
PW8 (LW11) Dr. E.Shekar – Medical Officer
PW9 (LW12) B.Sammaiah – First Investigation Officer
ON BEHALF OF THE DEFENCE:: None :: EXHIBITS MARKED ::
ON BEHALF OF THE PROSECUTION::
Ex.P1 Is the report
Exs.P2 to P7 Are the 5 photographs along with Compact Disc. Ex.P8 Is the Crime Details Form.
Ex.P9 Is the rough sketch. Ex.P10 Is the Inquest panchanama
Ex.P11 Is the MVI report Ex.P12 Is the PME report
Ex.P13 Is the First Information Report
ON BEHALF OF THE DEFENCE:: Nil
M.O. MARKED::
Nil.
JUDICIAL MAGISTRATE OF FIRST CLASS
LUXETTIPET
CC No.258 of 201713