1 of 21 CC No.416 of 2019
IN THE COURT OF THE II ADDITIONAL JUNIOR CIVIL JUDGE -CUM-II
ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS AT NIZAMABAD
Present: Sri Pamujula Srinivasa Rao
II Addl. Junior Civil Judge- cum- II Addl. Judl. Magistrate of First Class Nizamabad.
Dated this the 05th day of May, 2026
Calendar Case No.416 of 2019
Between: The State., through Sub-Inspector of Police, Town-VI Nizamabad Police Station. …Complainant AND Thalla Rathnam, S/o. Poshetty, Age: 45 years, Occ: Driver of RTC Bus No.AP-28-Z-2595, R/o. Tejapoor village, Both Mandal, Adilabad district.
...Accused
This case came before me in the presence of the Learned Assistant Public Prosecutor for the State and Sri. M.B. Santhosh Naag, learned counsel for the accused; after perusing the record and hearing both sides, the matter stood over for consideration to this date, this Court delivered the following:
J U D G M E N T
1.The Sub-Inspector of Police, Town-VI Nizamabad police station laid a charge sheet against the accused in crime No.44 of 2018 for the offences punishable under sections 337 and 338 of Indian Penal Code, 1860 (hereinafter referred as ‘IPC’).
2. The case of the prosecution in a nutshell:
a) On 24.04.2018 at 2030 hours, the defacto complainant/Md. Aamir lodged a report before the police stating that on 24.04.2018 his family 05.05.2026 II AJCJ-cum-II AJMFC, NZB 2 of 21 CC No.416 of 2019 members and relatives went to Alisagar Dharg and when they return back towards Nizamabad on complainant's brothers MCY bearing
No.TS16EG5578, on the when they reached to near Diary farm Kaman at about 1745 hours, on opposite direction the driver of RTC Bus bearing no. AP28Z2595 of Nirmal Depot was coming from Nizamabad towards
Bodhan side and the driver drove the bus in a rash and negligent manner and dashed his brothers vehicle bearing no. TS16 EG5578. The defacto complainant brother Fayaz khan who was raiding the motorcycle had sustained a fracture injuries to his right leg and had sustained severe injuries on other parts of the body and his another uncle son
Suban had fracture to his right leg and night thigh and complainant's another uncle son Muzamil has received fracture injury to his right leg and suffered injuries on the nose and was in bleeding and the defacto complainant's maternal aunt son Md. Mosin had also fracture injury to right leg and right thigh and had suffered injuries on the face.
Immediately the injured persons shifted to the government hospital
Nizamabad in 108 Ambulance and two of injured shifted to Laxmareddy hospital and they were give first aid there and they were referred to
Hyderabad for better treatment.
b).On receipt of the above report from LW1, LW19/M. Laxmaiah, Sub
Inspector of Police had registered a case in crime No.44 of 2018 under sections 337 and 336 of IPC and took up the investigation. During the course of investigation, he had examined and recorded the statement of 05.05.2026 II AJCJ-cum-II AJMFC, NZB 3 of 21 CC No.416 of 2019
LW1 and LW2 and he collected SR, ticket list from LW2/Yerrolla
Dasharath and rushed to spot and verified. On 25.04.2018, he examined
LW3/SK. Taher and LW4/Jabbar Khan and recorded their statement and secured two mediators i.e., LW14/Abdul Mubeen and LW15/Singuluri
Durga Prasad conducted the scene of offence panchanama and drew a rough sketch and panchanama.
c)During the course of the investigation on 26.04.2018, he addressed a letter to the Depot Manager, Nirmal for driver and conductor details who is on the day of accident on duty, on that SDI/LW5/Ambati Limbagiri stated that which is mentioned in the SR is the correct. On 28.04.2018
LW3 brought the accused and surrendered before him/LW19 than verified the vehicle documents and found RC, DL and ID proof of accused. Later, he served u/sec. 41 A Cr.PC notice on accused. The accused complied with his notice appeared before him by voluntarily confessing to have committed this offence and handed over the RTC Bus bearing No AP2872595 to the SDI/Nirmal.
d).On 20.05.2018, he examined the LW6/Fayaz Khan and LW7/Feroz Khan and recorded their statement at KIMS hospital Secunderabad. Оn 26.05.2018, he examined the LW8/M.A. Suban and LW9/M.A. Sahid and recorded their statements at Mujahid Nagar, Malapally, Nizamabad. On 10.07.2018, he examined the LW10/Mohammed Muzamill and
LW11/Mohammed Abdul Samad and recorded their statement at
Habeeb Nagar, Nizamabad. On 05.8.2018, he examined LW12/MD.
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Mosin and LW13/MD. Shareed and recorded their statements at
Rajendra Nagar Hyderabad. On 11.08.2018, he collected the Medical
Certificate of LW12/MD. Mosin from Osmaniya General Hospital,
Hyderabad and the LW16/Dr. Pranitha has given LW12 received grievous in nature on left leg and hand fractured. On 20.08.2018, he collected the
Medical Certificate of LW6/Fayaz Khan and LW10/Mohammed Muzamill from Krishna Institute of Medical Science, (KIMS), Ministers road
Secunderabad and the LW17/Dr.Vasudeva Reddy has given LW6 has received Grade-III fracture right tibia with shaft right femur, and LW10 has received open grade III compound fracture right distal femur with fracture shaft of tibia right side. On 27.08.2018, the Medical Certificate of LW5/Ambati Limbagiri from Govt. General hospital Nizamabad and
LW18 has given the injured received RTA grievous RT foot and Lag crush injury of Right foot and leg exposing fractured Right tibia and RTA simple left hand shoulder abrasions. After completion of entire investigation, he filed charge sheet against the accused for the offences under sections 337 and 338 of IPC.
3.This Court has taken cognizance of the offence punishable under sections 337 and 338 of IPC and issued summons to the accused. On appearance of the accused, furnished case copies to him under Section 207 of Cr.P.C.
4.The accused was examined under section 251 of Criminal Procedure
Code for the offence punishable under sections 337 and 338 of IPC, the 05.05.2026 II AJCJ-cum-II AJMFC, NZB 5 of 21 CC No.416 of 2019 substance of the accusation was read over and explained to him in vernacular language, to which he pleaded not guilty and claimed to be tried.
5.The prosecution has examined PW1 to PW13 on their behalf and got marked Ex.P1 to Ex.P9 to prove the guilt of the accused. Further the prosecution has given up the remaining witnesses.
6.After the conclusion of the evidence on behalf of the prosecution, the accused was examined under section 313 of the Cr.P.C by explaining the incriminating material appearing against him in the evidence of the prosecution witnesses, which he denied the accusation and reported no defence.
7.Heard both sides. Perused the record.
8.Now the point that arises for determination are:
"Whether the prosecution able to prove the guilt of the accused for
the offences punishable under sections 337 and 338 of IPC, beyond
reasonable doubt"?
POINT:
9. PW1 who is the defacto complainant deposed that on 24.04.2018 at about 5.00 to 6.00 PM when PW3, PW4, PW10 and PW5 coming from
Alisagar Dharga to Nizamabad by bike, at that time the bus bearing No.
AP-25-Z-2595 going from Nizamabad to Bhainsa speedily and hit the bike bearing registration no. TS-16-EG-5578 on which PW3, PW4, PW10 and PW5 are traveling. Due to that all of them fell down and sustained injuries. PW3, PW4 and PW10 sustained a fracture injuries to their right 05.05.2026 II AJCJ-cum-II AJMFC, NZB 6 of 21 CC No.416 of 2019 legs. PW5 sustained fracture injury to his right hand and right leg. All of them sustained small injuries to their face also. The passer by people called Ambulance and sent all of them to Government Hospital,
Nizamabad. From there they were shifted to Laxma Reddy Hospital. For further treatment they were shifted to Hyderabad. He lodged a report
before police regarding the alleged incident which is marked as Ex.P1.
During his cross examination, he deposed that he admitted that he did not see when the RTC bus hit the bike. It is further admitted that he did not see the driver.
10.PW2 was declared hostile by learned Assistant Public Prosecutor. During his cross examination no incriminating material was elicited from him to support the case of the prosecution and he simply stated that on 24.04.2018 at 05.30 PM himself and Accused started to Basara from
Nizamabad Bus Depot in Bus bearing Registration No. AP 28 Z 2595.
After crossing the Diary farm in Nizamabad he heard a big sound, on the bus stopped and upon checking he found four persons who are coming towards Nizamabad on a bike bearing Registration No. TS 16 EQ 5578 got hit to their bus and fell down. All of them sustained grievous injuries.
They moved the bus to road side and parked there. Since the victims sustained grievous injuries someone at the scene offence called police station. Police reached the scene of offence and noted everything.
Thereafter Police took himself, accused and the bus to Police Station.
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11.PW3 has deposed that on 24.04.2018 himself, PW3, PW10 and PW5 went to Ali Sagar from Nizamabad. When they are returning to Nizamabad on motorcycle bearing registration no. TS 16 EG 5578 at about 05.30PM when they reached Diary farm a bus coming from Nizamabad vide registration no. AP 28 Z 2595 was coming with full speed in opposite
Direction hit himself and his cousin brothers i.e., PW3, PW10 and PW5.
Because of that accident, he sustained fracture injury, PW3 lost his right leg, PW10 sustained fracture injury to his right leg and right hand and PW5 sustained fracture injury to his right leg. The passerby persons sent them to General Govt. Hospital, Nizamabad through Ambulance.
During his cross-examination he deposed that he lost conscious upon the injury. He do not know about the driver of the said bus. It is further admitted that all of them are travelling on a single bike.
12.PW4 has deposed that on 24.04.2018 himself, PW3, PW10 and PW5 went to Ali Sagar from Nizamabad. When they are returning to Nizamabad on motorcycle bearing registration no. TS 16 EG 5578 at about 05.30PM when they reached Diary farm a bus coming from Nizamabad vide registration no. AP 28 Z 2595 was coming with full speed in opposite
Direction hit himself and his cousin brothers i.e., PW3, PW10 and PW5.
Because of that accident he sustained fracture injury, PW3 lost his right leg, PW10 sustained fracture injury to his right leg and right hand and
PW5 sustained fracture injury to his right leg. The passerby persons sent them to GGH, Nizamabad through Ambulance.
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During his cross-examination he deposed that helost conscious upon the injury. He do not know about the driver of the said bus.
13.PW5 has deposed that on 24.04.2018 himself, PW3, PW4 and PW10 went to Ali Sagar from Nizamabad. When they are returning to Nizamabad on motorcycle bearing registration No. TS 16 EG 5578 at about 05.30PM when they reached Diary farm a bus coming from Nizamabad vide registration No. AP 28 Z 2595 was coming with full speed in opposite direction hit himself and his cousin brothers i.e., PW3, PW4, and PW10.
Because of that accident, he sustained fracture injury, PW3 lost his right leg, PW10 sustained fracture injury to his right leg and right hand. The passerby persons sent them to GGH, Nizamabad through Ambulance.
During his cross-examination he deposed that he lost conscious upon the injury. He do not know about the driver of the said bus. It is further admitted that all of them are travelling on a single bike.
14.PW6 has deposed that on 24.04.2018 at about 05.40Pm when he reached diary farm, he found that an RTC bus bearing registration no 2595 was driven speedily and rashly and hit the bike on which four members are travelling. All of them sustained injury to their legs.
Thereafter they were shifted in ambulance to hospital.
During his cross-examination he deposed that he had garrage near diary farm. He do not have license an mechanic. He know PW8 who had garrage besides his shop. Accident occurred at Diary farm and bus was caught in Jankampet. He came to about the bus number today from 05.05.2026 II AJCJ-cum-II AJMFC, NZB 9 of 21 CC No.416 of 2019 police. He added that since the incident happened several years ago, he do not remember the bus number.
15.PW7 has deposed that on 28.04.2018, he came to know from Depot
Manager, Nirmal that their bus B. No. AP-28-Z-2595 met with an accident and it was kept in police station. As such Depot Manager instructed him to go to RTA office and obtained relevant documents to get the release of the bus from the custody of police. As such, he visited the RTA office and got the bus released. He also got released the accused on his personal surety.
During his cross-examination, he deposed that he himself did not gave any proof to police that the accused was the driver of the bus on that day. He did not handed over any proof to show that he was working as SDI on the date of incident. He further deposed that he did not received any written instructions from Depot Manager regarding this incident.
16.PW8 has deposed that on 24.04.2018 at about 05.45 PM, an accident took place in front of his garage at Diary farm. The said accident took place between RTC bus B. No. AP25Z2595 and a bike. Due to the said accident, four members who are travelling on a bike sustained fracture injuries. The said RTC bus is going to Bodhan from Nizamabad was being driven speedily. The said RTC bus hit the bike from wrong side.
Thereafter, all of them were shifted to hospital by 108 ambulance.
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During his cross-examination he deposed that he do not have any municipality permission for his garage. He did not hand over any proofs about his garage to investigation officer and he did not state any descriptive particulars about the driver to police. It is admitted that all the injured travelling on a single bike.
17.PW9 has deposed that on 24.04.2018 he came to know from the then
Sub-Inspector of police of VI-Town police station that his son met with accident at 05.00 PM. His son was shifted to Kims hospital from GGH,
Nizamabad. His son sustained fracture injury to his right leg and the doctors removed his right leg.
During his cross-examination, he deposed that Police examined him on 25.04.2018. It is admitted that he do not know the driver of the bus and the details of the bus.
18.PW10 has deposed that on 24.04.2018, himself along with PW3, PW4,
PW5 coming from Alisagar to Nizamabad. When they reached Taj Dhaba, an RTC bus B.No.AP28Z2595 by its driver while overtaking another vehicle hit our bike. Due to which, all of them sustained fracture injuries. Then they were shifted to GGH, Nizamabad and from their they were shifted to Kims Hospital, Hyderabad. I was discharged from hospital after one month.
During his cross-examination, he deposed that he admitted that he did not saw the driver of RTC bus.
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19.PW11 has deposed that on 24.04.2018, at about 04.15 PM, police called himself and LW15 to the rice mill near Diary Farm X road, Nizamabad for conducting scene of offence panchanama. Police conducted scene of offence panchanama in the presence of himself and LW15. After conducting scene of offence panchanama himself and LW15 subscribed their signatures on scene of offence panchanama. Ex.P3 is the scene of offence panchanama which bears my signature as panch witness no.1.
During his cross-examination he denied all suggestions.
20.PW12 has deposed that she came to court to depose on behalf of Dr.
Prasanna Priya, Asst. Professor, Nizamabad with the authorization obtained from Superintendent, GGH, Nizamabad. Patient Subaan came with complaint of RTA on 24.04.2018 to GGH, Nizamabad. Upon examination following injuries are found
1. Crush injury of right foot and lower leg exposing fracture right tibia.
2. Abrasions over left hand and shoulder.
The 1st injury is of grievous in nature and the 2nd injury is of simple in nature and was treated conservatively on out-patient basis on 24.04.2018. She can identify the signature of Dr. Prasanna Priya. Ex.P4 is the deputation order dated 02.02.2026 issued by Superintendent,
GGH, Nizamabad. Ex.P5 is the medical certificate of PW4.
During her cross-examination she deposed that they received requisition for issuance of medical certificate on 24.04.2018 and she cannot say the time of requisition. They did not collect any identity card 05.05.2026 II AJCJ-cum-II AJMFC, NZB 12 of 21 CC No.416 of 2019 of the patient. She cannot say the out-patient number of the patient. It is admitted that there are over writings in date of issuance of medical requisition. She cannot say the crime number in which he came to their hospital.
21.PW13 has deposed that on 24.04.2018 at about 2030 hrs, he received a report from PW1 and issued FIR in Cr.No.44/2018 for the offences punishable under sections 337 and 338 of IPC. During the course of investigation, he examined and recorded the statement of PW1 and PW2.
Thereafter rushed to the spot and verified the spot and due to odd hours, he could not conduct scene of offence panchanama. On the next day, he examined and recorded the statements of PW6 and PW8 and thereafter, secured PW11 and LW15 and conducted scene of offence panchanama in their presence. During the course of investigation, on 26.04.2018, he addressed a letter to the Depot Manager, Nirmal for driver and conducted details of the bus on the date of accident. On that, PW7, SDI of Nirmal depot stated that the details in the SR are correct. On 28.04.2018, PW6 brought the accused and surrender before him. Thereafter, the accused confessed to have committed the offence and handed over the bus to SDI,
Nirmal. On 20.05.2018, he examined and recorded the statements of
PW3 and PW9 at Kims Hospital, Secunderabad. On 26.05.2018, he examined and recorded the statements of PW4 and LW9/MA. Sahid. On 10.07.2018, he have examined and recorded the statements of PW10 and
LW11/Md. Abdul Samad. On 05.08.2018, he examined and recorded the 05.05.2026 II AJCJ-cum-II AJMFC, NZB 13 of 21 CC No.416 of 2019 statements of PW5 and LW13. On 11.08.2018, he collected the medical certificate of PW5 from Osmania General hospital, Hyderabad in which
LW16/Dr. Pranitha opined that PW5 has sustained grievous injuries on his left leg and fracture injury on his left hand. On 20.08.2018, he collected medical certificate of PW3 and PW10 in which LW17/Dr.
Vasudeva Reddy opined that PW3 has sustained grade III fracture right tibia with shaft right femur and also opined that PW10 has sustained open grade III compound fracture right distal femur with fracture shaft of tibia right side. On 27.08.2018, he collected medical certificate of PW4 from LW18/Dr. Prasanna Priya who opined that grievous injury i.e., crush injury of right foot and leg exposing fractured right tibia and abrasions over left hand and shoulder. During the course of investigation, he also collected the TSRTC statistical and ticket accountal record of bus B. No. AP28Z2595 dated 24.04.2018. After conducting the above investigation, he filed the charge sheet against accused for the offences punishable under sections 337 and 338 of IPC. Ex.P6 is the
FIR. Ex.P7 is the injury certificate of MA. Mujamill/PW10 vide serial no.1311. Ex.P8 is the statistical and ticket accountal record of bus B.
No. AP28Z2595 dated 24.04.2018. Ex.P9 is the Medical certificate issued by LW16 for PW5/Md. Mohsin.
During his cross-examination, he deposed that he examined PW2 on 25.04.2018 during morning hours. It is admitted that there are over writings in the date column. The route of the bus/crime vehicle have 05.05.2026 II AJCJ-cum-II AJMFC, NZB 14 of 21 CC No.416 of 2019 mentioned in Ex.P8. He did not collect any record that PW7 is the Safety
Driving Inspector, Nirmal as on the date of offence. There are total four persons were travelled on the motorcycle. Only two persons are permitted to travel on a motorcycle. He did not file any case or impose any fine regarding travel of four persons on the same motorcycle. He did not examine any passengers of the crime vehicle. It is further admitted that he did not file any MVI report regarding inspection of crime vehicle.
He did not collect any proofs from PW6 and PW8 that they are having businesses near the scene of offence.
22.It is argued by learned Assistant Public Prosecutor for the State that the prosecution has adduced the evidence of PW3, PW4, PW5 and PW10 who are the injured eyewitnesses and who are able to depose the registration number of the crime vehicle i.e. RTC bus bearing registration number
AP28Z2595. It is also argued by Learned APP that PW2 who was the conductor of the said bus on the alleged date of incident deposes that accused is the driver of the bus. It is also deposed by PW7 that who is the depot controller. Deposed that he got released the accused on his personal surety. It is also argued that the prosecution has adduced
Exhibit P8 which is the statistical and ticket account record of bus bearing number 28Z2595 dated 24.04.2018 i.e. the date of accident clearly shows the name of the accused. Which clearly make out the case of the prosecution which prove the guilt of the accused. It is also argued that PW6 and PW8 who are the eye witnesses also deposed that the bus 05.05.2026 II AJCJ-cum-II AJMFC, NZB 15 of 21 CC No.416 of 2019 was driven in rashly and speedily and hit the bike. With the above submissions, the learned APP has argued that the prosecution has proved the identity of the accused, rational negligence of the accused as well as the injuries sustained by PW3 to PW5 and PW10. Hence prayed for conviction of the accused with maximum sentence.
23.Learned counsel for the accused has argued that the whole reason for the injuries sustained by PW3 to PW5 and PW10 is because The injured witnesses were travelling on a single bike which they are not supposed to do. It is argued that, it is admitted by the prosecution that PW3 to PW5 and PW10 are travelling on a single bike and there is every chance of losing control over the bike which may result in the accident. It is also argued by learned counsel for the accused that Though it is the case of the prosecution that the bus has hit the vehicle of the injured witnesses, the prosecution did not adduce the evidence of any motor vehicle inspector to prove the damages over the motorcycle or the crime vehicle i.e. bus. It is also argued by learned counsel for the accused that PW13 who is the Investigation Officer did not depose as to from whom he has procured Exhibit P8 to prove that the accused is the driver of the bus on the date of accident.
24.It is admitted by prosecution that the four injured i.e., PW3 to PW5 and
PW10 are travelling on a single bike. Upon perusal of the deposition of all the injured witnesses, PW3 to PW5 and PW10, all of them deposed that they were hit by a bus bearing registration number AP28Z2595 in 05.05.2026 II AJCJ-cum-II AJMFC, NZB 16 of 21 CC No.416 of 2019 opposite direction. The accused failed to impeach the evidence of Injured eye witness about the bus number.
25.PW8, who is the eye witness, also deposed the bus number as AP 25 Z 2595 and PW6, who is another eye witness, deposed the bus number as 2595. As per the case of the prosecution the bus number is AP28Z2595, whereas PW8 who claims to be the eye witness deposed the bus number as AP 25 Z 2595, which is a material discrepancy. Even PW6 also during his cross examination deposed that he came to know about the bus number from police on the date of deposition.
26.Moreover, PW2 who is the conductor of the crime vehicle on the date of incident also deposed that he heard a big sound during their travel to
Basara. PW2/Conductor, PW3 to PW5 and PW6/Injured witnesses and
PW6 and PW8/Eye-witnesses, deposed in one line about the date of accident and time of accident and place of accident as diary farm.
Considering all of their evidence, this court believe that the crime vehicle
RTC bus bearing no.AP 28 Z 2595 has caused accident in this case.
27.Coming to identity of the driver, PW2/conductor deposed that the accused is the driver of the said bus. Even PW7, who is the depot controller also deposed that the accused is the driver of RTC bus. Among all PW13/Investigation Officer has filed Ex.P8, which is the Statsitical and Ticket accountal record of bus B.No. AP28Z2595 Dt:24.04.2018, clearly shows that T.Rathnam is the driver of the crime vehicle on the date of accident. Considering the evidence of PW2, PW7 and PW13, this 05.05.2026 II AJCJ-cum-II AJMFC, NZB 17 of 21 CC No.416 of 2019 court believes that the accused is the driver of the crime vehicle on the date of accident.
28.Apart from all the above, to prove the offence punishable u/s 304-A of
IPC, it is the duty of the prosecution to prove the rashness or negligence of the accused. PW3 to PW5 and PW10 who are the injured eye witness, has deposed that bus came with full speed in opposite direction hit all of them. PW6 who is the eye witness deposed that the said RTC bus driven speedily and rashly hit the bike on which four members are travelling.
PW6 merely uttered the words speedily and rashly, but failed to depose about what constitutes the rashness in the said facts and circumstances.
PW8 also deposed that RTC bus was driven speedily and hit the bike from wrong side. All the prosecution witnesses deposed only that the accused drove the bus speedily. It is settled law that mere speed does not amount to rashness or negligent. Only PW8 is the sole witness deposed that bus hit the bike from wrongside. Apart from PW8, none of the injured eye witnesses or other eye witness deposed that the RTC bus hit the victims from the wrong side.
29.PW6 has deposed that accident occurred at diary farm and bus was caught in Jankampet, which was not deposed by any other witness.
Moreover, PW2 who is the conductor has deposed that driver driving the bus slowly and he has heard the noise from backside of the bus. The evidence of PW2 is contrary to the version of the all the prosecution witnesses. All the prosecution witnesses deposed that the bus hit the 05.05.2026 II AJCJ-cum-II AJMFC, NZB 18 of 21 CC No.416 of 2019 victims in opposite direction in which the noise shall be heard from front side but not from back side. Moreover, the prosecution did not file any evidence regarding the damages sustained by the bus in the front side.
When there is no damage report on the front side of the bus, a doubt has been raised whether the accused hit the bus in opposite direction. At the same time, there is no report before this court about the damages on the backside of the court. When there are two versions before the court, the court has to adopt the version which is beneficial to the accused. In this case, this court believes that the crime vehicle hit the bike of the victims on the backside.
30.There is another circumstance which has be taken into consideration. It is undisputed that all the injured witnesses i.e., PW3 to PW5 and PW10, deposed that all of them are travelling in one bike. Since it is a two wheeler, as per law, more than two persons cannot travel on a single bike. Whereas in this case, total four persons are travelling on the single bike. Travelling of four persons in a single bike always prone to loose control over the bike, which clearly shows the mistake of the injured witnesses. Hence, hitting the bus on the backside clearly shows that the victims has lost control over the bike, which clearly shows the negligence of the victims but not of the accused. In light of the above discussion, this court holds that the prosecution failed to prove the rashness and negligence of the accused. Hence, this court holds that the prosecution 05.05.2026 II AJCJ-cum-II AJMFC, NZB 19 of 21 CC No.416 of 2019 failed to prove the offence punishable under Sec.337 and 338 of IPC, beyond reasonable doubt.
31.IN THE RESULT,
(a)the accused is found not guilty of the offence punishable under sections 337 and 338 of IPC; accordingly, accused is acquitted under section 255 (1) of Cr.P.C; and he is set at liberty.
(b)the bail bonds of the accused shall stand discharged after the expiry of six months from the date of this judgment as per section 437A of Cr.P.C.
Typed, corrected and pronounced by me in the open Court on this the 05th day of May,2026.
II Additional Junior Civil Judge-Cum-
II Addl. Judl. Magistrate of First Class Nizamabad
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution :
PW No Name of Witness Description 1Md. AamirDefacto Complainant 2Yerrolla DasharathConductor of RTC bus 3Fayaz KhanInjured/Eye witness 4M.A. SubanInjured/Eye witness 5M.D. MosinInjured/Eye witness 6Shaik TaherEye witness 7Ambati LimbagiriCircumstantial witness 05.05.2026 II AJCJ-cum-II AJMFC, NZB 20 of 21 CC No.416 of 2019 8Jabbar KhanEye witness 9Feroz KhanFather of injured 10Mohd. MuzammilInjured/Eye witness 11Abdul MubeenPanch witness for scene of offence 12Ch. MayuriDoctor 13M. LaxmaiahInvestigation Officer
For Defence : - None -
DOCUMENTS MARKED
For Prosecution :
Exhibit No. Description of the Proved Exhibit by/Attested by 1ReportPW-1 2Sec. 161 Cr.PC statement of PW2PW-2 3Signature of PW11 on scene of offencePW-1 panchanama 4Deputation order dated 02.02.2026PW-12 issued by Superintendent, GGH, Nizamabad 5Medical certificate of PW4PW-12 6First Information reportPW-13 7Injury certificate of PW10PW-13 8Statistical and ticket accountal recordPW-13 of bus bearing No. AP-28-Z-2595
dated 24.04.2018
9Medical certificate issued byPW-13 LW16/doctor for PW5 05.05.2026 II AJCJ-cum-II AJMFC, NZB 21 of 21 CC No.416 of 2019
For Defense -Nil- Material Objects -Nil-
II Additional Junior Civil Judge-Cum-
II Addl. Judl. Magistrate of First Class Nizamabad 05.05.2026 II AJCJ-cum-II AJMFC, NZB