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IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS:
THAMBALLAPALLE
PRESENT: Sri N.Vijaya Babu,
PRL. JUNIOR CIVIL JUDGE, MADANAPALLE
FAC: JUDICIAL FIRST CLASS MAGISTRATE,
THAMBALLAPALLE
Thursday, the Twenty third (23rd) day of November Two Thousand and Eighteen.
C.C.No.100/2013
Between:-
The State Rep. by the Sub-Inspector of Police, Peddamandyam Police Station. … Complainant.
Vs
M.Venkateshu, aged about 27 years, S/o Muniswamy, Pulagundlapalli, Murakamalla Mandal, Chinthamani Taluk, C.B.Pur Dist., Karnataka State, Caste by Valmiki, Driver of Tractor Driver of Tractor bearing KA07-T-5363.
…Accused.
This case coming on 20.11.2018 for final hearing before me in the presence of Assistant Public Prosecutor, for the State and of
Sri P.V.Chalapathi, Advocate, for accused, upon hearing both sides and upon perusing the case records this court delivered the following:
J U D G M E N T
This is a case of causing death by rash or negligent act, not providing medical facility and not giving information to police investigated by Station House Officer, Peddamandyam Police Station vide crime No.12/2013 and laid charge sheet for the offences
U/sections 304-A of I.P.C & Section 134(a) & (b) r/w 187 of M.V. Act against the accused.
2. The brief facts of the prosecution case are that on 01.03.2013 at 10.00 A.M the defacto complainant namely Chinnapalli Bayappagari
Eswarappa came to police station and filed a complaint to the effect that yesterday i.e., on 28.02.2013 at or about 6:30 P.M his brother-in- 2 law K. Chowreddy while going to own village in own vehicle i.e., Hero
Honda picked up own friend by name T. Venkatramana and dropped
the said friend near water tank, T.Sadum. While his brother-in-law was returned to own village, one tractor coming in opposite direction dashed to the motor cycle of his brother-in-law resulting his brother-in- law fell down from splendor motor cycle and sustained bleeding head injury. The tractor driver fled away without stopping. Within half an hour after the accident, he came to know about the accident, then he along with the brother of his brother-in-law namely Chowdappa went to scene of offence and found his brother-in-law in critical condition.
Immediately they call for 108 Ambulance and shifted his brother-in-law to Government hospital, Batlapalli, Karnataka State. The duty doctor who examined the deceased and declared that deceased died. The dead body of his brother-in-law was kept in the Government Hospital,
Batlapalli. Hence, this complaint.
Basing on the above complaint L.W.12/A.Sreeramudu, SI of
Police, Pedda Thippa Samudram Police Station registered a case in
Cr.No.12/2013 for the offences U/sec 304-A of Indian Penal Code, issued F.I.R to the concerned and took up investigation.
L.W.12/A.Sreeramudu visited the Government Hospital, Batlapalli,
Karnataka State and found dead body kept in mortury, gave requisition to Medical officer, took dead body and conducted inquest in the presence of LWs 1 to 9 viz., Chinnapalli Bayappagari Eswarappa,
Konappagari Reddeppa, B.Narayanaswamy, G.E.Viswanatha Reddy,
G.V.AmarnathaReddyandKasinapalliRamanjanappa,
Venkatramanappa, Aswartha Reddy, thereafter examined and recorded the statements of the above LWs1 to 6, visited scene of offence situated near Water Tank T. Sadum, Peddamandyam Mandal, drawn rough sketch and seized the Hero Honda motor cycle and crime vehicle i.e., tractor bearing No.KA07-T-5363 under cover of police proceedings.
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L.W.12/A. Sreeramudu gave requisition to L.W.11/N. Karnuna Sagar
Reddy, Motor Vehicle Inspector, Madanapalle to inspect the crime vehicle, gave requisition to L.W.10/Dr. P. Sagar Srinivas, Medical Officer,
Govt., Area hospital, Madanapalle to conduct post mortem examination over the dead body of the deceased. On 25.03.2013 the accused surrendered before this court and obtained bail vide
Crl.M.P.No.205/2013. The accused produced the registration certificate
and driving license before LW.13 A.Gangadhar, SI, PTM Police Station.
Registration Certificate is valid up to 29.09.2020, Insurance is valid up to 03.12.2013. The driving license of the accused is bearing
No.KA4020120006287 valid up to 08.11.2032 and authorized to drive light and Tractor motor vehicles. LW10 Dr. P. Sagar Srinivas who conducted autopsy over the dead body of the deceased opined that the deceased appeared to have died due to multiple injuries and head injury. LW11 N. Karuna Sagar Reddy, Motor Vehicle Inspector,
Madanapalle who examined the crime vehicle gave accident report opining that accident was not caused due to any mechanical defect of the vehicle. The crime vehicle was returned to the owner by taking proper acknowledgment. LW13/A. Gangadhar, S.I of Police who verified the investigation conducted by L.W.12/A. Sreeramudu after completion of investigation filed charge sheet.
3. This Court taken cognizance for the offences U/Sec. 304-A of
Indian Penal Code, 1860 & U/s.134 (a) (b) r/w 187 of M.V. Act against the accused.
4. On appearance of the accused, case copies were furnished to accused as required U/Sec.207 Cr.P.C.
5. The accused was examined U/Sec. 251 of Cr.P.C by explaining the substance of accusation leveled against him for the offences U/s. 304-A of Indian Penal Code, 1860 & U/s.,134(a) & (b) r/w 187 of M.V. Act in
Telugu for which the accused pleaded not guilty and claimed to be 4 tried.
6. The prosecution in order to prove its case in all examined
P.Ws.1 to 8 and got marked Ex.P.1 to P12. After completion of prosecution evidence the accused was examined under Section 313 of
Cr.P.C by putting the incriminating material found against the accused in the evidence of prosecution witnesses for which he denied and reported no defence evidence.
7.PW1/C.B. Eswarappa, PW2/K. Reddeppa, PW3/D. Narayana
Swamy, PW4/D.S. Bayya Reddy, PW5/Dr.Sagar Sreenivas,
PW6/K.Ramanjanappa, PW7/A. Gangadhara SI of Police, PW8/A.
Sreeramudu, S.I. of Police, PTM Police Station, Ex.P.1 is signature of complaint, Ex.P.2 is the statement of P.W.1 under 161 Cr.P.C., Ex.P.3 is the statement of P.W.2 under 161 Cr.P.C., Ex.P.4 is the statement of
P.W.3 U/s.161 Cr.P.C., Ex.P.5 is inquest Panchanama, Ex.P6 is the post mortem report, Ex.P7 is the under 161 Cr.P.C. statement of PW6, Ex.P8 is MVI report and Ex.P9 is report, Ex.P10 is the FIR, Ex.P11 Rough sketch, Ex.P12 is the receipt of vehicle tractor bearing No.KA07 T 5363 to the owner of the vechicel and Ex.P12 is the receipt.
8. Heard both sides. Perused the record.
9. Now the point for determination is:
1. Whether the prosecution could prove that on 28-02-2013 at 6:30 P.M near water tank, Ankalamadugu Road, T. Sadum,
P.T.M. Mandal the deceased Konappagari Chow Reddy met with an accident resulting injuries and died before shifting to
Primary Health Center, Batlapalli?
2. Whether the prosecution could prove that the Tractor bearing No. KA07-T-5363 is the crime vehicle involved in the accident?
3. Whether the prosecution could prove that accused was the driver of the crime vehicle at the time of accident?
4. Whether the prosecution could prove that due to rash or negligent act of accused alone the accident occurred?
5. Whether the prosecution could prove that the after the 5 accident, accused didn't inform the same to police and didn't provide medical facility to the deceased K. Chow Reddy?
6. To what result?
10.PW1, PW2 who are brother-in-law and brother of the deceased respectively, PW3 brother in courtesy in their evidence did not support the case of prosecution. PW6 who is alleged to be the eye witness of the accident also didn't support the case of the prosecution.
ii. PW4 in his evidence stated that on 01.03.2013 at or about 12.00 PM he went to Government Hospital at Batlapalli to see the dead body of the deceased K. Chow Reddy. At that time PW.7 requested him,
L.W.7 Venkataramanappa and L.W.8 Aswartha Reddy to act as mediators for the inquest of the dead body of deceased. PW8 conducted inquest over the dead body of deceased in their presence and prepared inquest panchanama. Himself, L.W.7 Venkataramanappa and L.W.8 Aswartha Reddy signed on Ex.P5 inquest report. He is of the opinion that the deceased might have died due to injuries received in accident.
iii. PW5 doctor who worked as Civil Assistant Surgeon, Area
Hospital, Madanapalle from January, 2012 to December, 2015. On 01- 03-2013 at or about 4:20 PM he received requisition from SI of Police,
PTM police station to conduct autopsy over the dead body of the deceased by name K. Chowreddy. Accordingly he started autopsy at or about 4.45 PM and found the following external injuries:
1. 10 cm bleeding lacerated wound on occipital region of head,
2. Abrasions over face, neck and around the mouth,
3. absence of teeth,
4. Bleeding wound over right knee, internal injuries:
Neck: No hextravasaton of blood over subcutaneous tissues. Hyoid bone and Thyroid cartilage normal.
Chest: No rib fractures, lungs and heard on cross sections congested 6
Abdomen: Stomach contents empty. Liver, spleen, Kidneys on cross sections congested and no injuries. Spine, Medulla cross section normal,
Skull: Fracture of the occipital bone, Blood clots present over brain fracture base of the skull fracture of right tibia.
Time of death: 24 to 32 hours prior to post mortem examination and cause of death may be due to multiple injuries and head injuries and accordingly he issued post mortem certificate.
iv. PW7 and 8 who are investigating officers in their evidence deposed in similar lines to their respective parts of investigation.
11. Point No.1:-
As can be seen from the record, as per the evidence of PW4 &
PW6 the deceased K. Chow Reddy died and cause of death might be due to injuries sustained in a road traffic accident, that the time of death may be 24-32 hours prior to examination at 4:45 P.M on 01-03- 2013. The investigation done by PW7 & PW8 also reveals the same and
PW8 obtained the dead body of the deceased from Batlapalli Hospital.
PWs1 to 3 who are said to be circumstantial witnesses nor PW6 who is said to be eye witness didn't state anything about the accident. Infact,
PWs1 to 3 are relatives to the deceased. However, PW8 investigating officer said to have seized the vehicles i.e., deceased vehicle Hero
Honda Motor Cycle and crime vehicle Tractor bearing No.KA 07 T 5363
under police proceedings, but, the police proceedings were also not produced before this Court. However, the rough sketch shows the place of accident as near water tank on the road T. Sadum to
Chinthamakulapalli road. There is nothing brought on record to prove the place of accident as the scene of offence. Under these circumstances, this Court is of the opinion that the prosecution only proved that on 28-02-2013 at or about 6:30 P.M the deceased died due to road accident, but, failed to prove that the accident was occurred 7 near water tank, Ankalamadugu Road, T. Sadum, P.T.M. Mandal.
In view of the aforementioned discussion, this point is decided partly in favor of the prosecution.
12. Point No.2:-
As already discussed on point No.1 there is no evidence with regard to the involvement of Tractor bearing No.KA 07 T 5363 in the accident except the receipt under Ex.P12 showing the receiving of the said Tractor by the owner of the Tractor. The police proceedings under which the said Tractor was seized was also not produced before this
Court. The owner of the tractor was also not examined. There is nothing brought on record by the prosecution to support their contention that the Tractor bearing No.KA 07 T 5363 is the crime vehicle involved in the accident.
In view of the aforementioned discussion, this point is decided against the prosecution.
13. Point Nos.3 & 4:-
PW4 is only a panch witness for inquest panchanama. PWs2, 3 who are circumstantial witnesses and PW6 the alleged eye witness didn't support the case of prosecution. Nothing favorable to the prosecution was elicited in the cross examiantion of PWs2, 3 & 6 to prove that accused is the driver of the vehicle at the time of accident and due to his rash or negligent act only the accident occurred resulting the death of the deceased K. Chow Reddy. PW7 & 8 are investigating officers and admittedly they are not eye witness to the accident and as such their evidence with regard to identity of the driver of the vehicle as accused and the rash or negligent act of the accused alone resulted in the accident can't be taken into consideration. Under these circumstances, this Court is of the opinion that opinion that the prosecution failed to prove that the accused is the driver of the crime vehicle and due to his rash or negligent act only the 8 said accident occurred.
In view of the aforementioned discussion, the points No.3 & 4 are decided against the prosecution.
14. Point No.5:-
As per the discussion on point Nos.3 & 4 the prosecution failed to prove that the accused is the driver of the crime vehicle and due to rash or negligent act of the accused only the accident occurred. Once the prosecution failed to prove that the accused was the driver of the crime vehicle it can't be stated that the accused failed to provide medical facility to the deceased after the accident and failed to inform about the accident to the police. Under these circumstances, this Court is of the opinion that the prosecution failed to prove that after the accident, accused didn't inform about the accident to police and didn't provide medical facility to the deceased K. Chow Reddy.
In view of the aforementioned discussion, this point is decided against the prosecution.
15. Point No.6:-
In the result, accused is found not guilty for the offences
U/s.304-A of Indian Penal Code, 1860 & U/s.134 (a) and (b) r/w 187 of
M.V.Act and he is acquitted U/s.255 (1) of Criminal Procedure Code, 1973 for the said offences respectively. The bail bonds of the accused shall be discharged after 6 months.
Typed to my dictation, corrected and pronounced by me in open court this the 23rd day of November, 2018.
Prl. Junior Civil Judge, Madanapalle. F.A.C Judl., Magistrate of I Class, Thamballapalle.
Appendix of evidence
Witnesses examined
On behalf of the prosecution: Defence;
PW1-C.B. Eswarappa, -None- 9
PW2-K. Reddeppa,
PW3-D. Narayana Swamy,
PW4-D.S. Bayya Reddy,
PW5-Dr.Sagar Sreenivas,
PW6-K.Ramanjanappa,
PW7-A. Gangadhara SI of Police, PTM Police Station,
PW8-A. Sreeramudu, S.I. of Police, PTM Police Station.
Exhibits marked on behalf of prosecution:
Ex.P.1 is signature of complaint.
Ex.P.2 is the statement of P.W.1 under 161 Cr.P.C.
Ex.P.3 is the statement of P.W.2 under 161 Cr.P.C.
Ex.P.4 is the statement of P.W.3 U/s.161 Cr.P.C.
Ex.P.5 is inquest Panchanama.
Ex.P6 is the post mortem report.
Ex.P7 is the under 161 Cr.P.C. statement of PW6.
Ex.P8 is MVI report.
Ex.P9 is report.
Ex.P10 is the FIR.
Ex.P11 Rough sketch.
Ex.P12 is the receipt.
Exhibits marked on behalf of Defence:-NIL-
M.Os.marked: Nil.
Prl. Junior Civil Judge, Madanapalle. F.A.C Judl., Magistrate of I Class, Thamballapalle.
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IN THE COURT OF THE JUDICIAL MAGISTRATE OF I CLASS ::
THAMBALLAPALLE
CALENDER in C.C. NO. 100 of 2013
Dis. No. 934 Date: 24.11.2018
Date of Offence 28.02.2013 Date of Report or Complaint 01.03.2013 Date of taken on file 01.11.2013 Date of apprehension of 25.03.2013 accused Date of commencement of trial 03.07.2018 Date of close of trial 20.11.2018 Date of Sentence or Order 23.11.2018 Complainant The State of A.P., represented by the Sub- Inspector of Police, Peddamandyam PS. (Crime No.12/2013)
Name of the accused:
M.Venkateshu, aged about 27 years, S/o Muniswamy, Pulagundlapalli, 11
Murakamalla Mandal, Chinthamani Taluk, C.B.Pur Dist., Karnataka State, Caste by Valmiki, Driver of Tractor Driver of Tractor bearing KA07-T-5363.
Nature of offenceCausing death rash or negligent act and the accused did not provide first aid to the injured and nor informed the accident to nearest police station. Section of law U/s.304-A IPC & U/Sec. 134 (a) and (b) r/w 187 of the M.V. Act Plea of accusedPleaded not guilty Finding of the Court.Accused is found not guilty Sentence or order In the result, accused is found not guilty for the offences U/s.304-A of Indian Penal Code, 1860 &
U/s.134 (a) and (b) r/w 187 of M.V.Act and he is acquitted U/s.255 (1) of Criminal Procedure Code, 1973 for the said offences respectively. The bail bonds of the accused shall be discharged after 6 months.
Prl. Junior Civil Judge, Madanapalle. F.A.C Judl., Magistrate of I Class, Thamballapalle.