Calendar Case No. 633 of 2017 Page No.
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IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE-CUM-
ADDITIONAL JUDICIAL MAGISTRATE OF I CLASS, BADVEL,
Present: Sri M.Kasi Viswanadha Achary.
(Principal Junior Civil Judge-Cum-Judicial Magistrate of I Class, Badvel
Full Additional Charge to the Court of Additional Junior Civil Judge-Cum-
Additional Judicial Magistrate of I Class, Badvel)
Tuesday, this the 7th day of February, 2023
Calendar Case No.633 of 2017
Between:
State represented by Sub-Inspector of Police, Badvel Urban Police Station.
… Complainant
Vs
Patan Mahaboob S/o Bade Peeran, aged about 68 years, R/o Siva Nagar, Badvel Town,
Driver of Sanalika Tractor Bearing Reg.No.AP 04 UN TR 3723.
… Accused
This case is coming before me for final hearing on 06-02-2023 in presence of
Learned Asst Public Prosecutor for complainant and Sri.Elicherla C.Obula Reddy
Advocate, Counsel for accused and the matter having been stood for consideration
this court delivered the following.
JUDGMENT
The Sub-Inspector of Police, Urban Police Station filed charge sheet against the
accused in Crime No.179/2017 for the offence punishable under section 304 (A) of
Indian Penal Code and Section 134(a)(b) r/w 187 of Motor Vehicle Act.
Brief facts of the prosecution case are as follows :-
2. Lw1/ Bathina Venkata Narasaiah resident of Thotiigaripalli Village of Badvel
Mandal, living by cooly work. On 12-7-2017 evening at about 6 pm, when he was
boarding at his village bus stand along with his deceased son by name Hari Prasad 05
years old mean time accused driver of Sonalika Tractor belongs to Guntapalli Village
Yesurom has come there and go Pangavandlapalli Village to discuss about cooly
works, on which Lw1/Bathina Venkata Narasaiah brought up along with his son,
Lw3/Yeddu Penchalaiah was also present on that tractor, when they reached
Pangavandlapalli Village, the accused drove the tractor in rash and negligent manner
with high speed and turned turtle the tractor at a road curve into vacant land,
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resulting Lw1/Bathiana Venkata Narasaiah and his son fell away, on observation son
of Lw1 / Bathina Venkata Narasaiah is under unconscious condition, and also Lw3/
Yeddu Penchalaiah received injury over forehead, mean time Lw4/ Panditi
Yesurathnam and Lw5 Peddulapalle Chinnappa shifted them to Govt Hospital, Badvel
in an auto, on that time he observed registration number of tractor. Doctor observed
and said that his son already died, then he complained to take necessary action
against the driver of the tractor. Basing on the complaint of Lw1/ Bathina Venkata
Narasaiah, Lw13/C.Chalapathi Sub-Inspector registered the case in crime no.
179/2014 under section 337, 304-A of Indian Penal Code and section 134(a) and (b)
r/w 187 of Motor Vehicle Act. During the course of investigation, on 20-7-2017
Lw6/Madimala Esrome produced the accused before the Sub-Inspector, on the same
arrested the accused and sent for remand. The Sub-Inspector received motor vehicle
report, PM Certificate, Wound certificate of Lw1/ Bathina Venkata Narasaiah and
Lw3/Yeddu Penchalaiah. The Motor Vehicle Inspector inspected the crime vehicle and
issued report stating that accident occurred not due to any mechanical defects of the
crime vehicle. The medical officer conducted PM Examination and he opined that
deceased died due to injury to the vital organ brain caused in road accident. Lw12/
Dr.Seerisha Medical Officer issued wound certificate of Lw1/Bathina Venkata
Narasaiah and Lw3/ Yeddu Penchalaiah who gave treatment issued wound certificate,
opined that injuries are simple in nature. Hence, the charge sheet.
3. This case was taken on Cognizance by the Hon’ble Additional Junior Civil
Judge-Cum-Additional Judicial Magistrate of I Class, Badvel against accused for the
offence under section 304-A, 337 of Indian Penal Code, Section 134(a)(b) r/w 187 of
Motor Vehicle Act.
4. On appearance of accused, case copies furnished to him under section 207
Cr.P.C. accused examined u/s 251 of Cr.P.C., acquisition for the offence under section
338 of Indian Penal Code, Section 181 r/w 177, 134(a)(b) r/w 187 of Motor Vehicle
Act, read over and explained to accused in Telugu Language for which he pleaded not
guilty and claimed to be tried the case.
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5. To prove the guilt of accused, the prosecution examined PWs 1 to Pw7, Ex-
hibits P.1 to P.14, marked on behalf of the prosecution. The evidence of Lw4, Lw8 to
Lw12 ( Panditi Yesurathnam, Vanam Penchalaiah, Kotapati Chinna,
V.Madhusudhan,Dr.C.Rama Prasad, Dr.Seerisha )given up by the Learned Asst Public
Prosecutor.
6. Accused examined under section 313 of Cr.P.C., the substance of incriminating
evidence is read over to the accused in telugu language, he denied the same and
report no defense evidence.
7. Arguments heard both sides.
8. Now the point for determination is that
1. Whether accused acted rash or negligent manner in driving the
crime vehicle and committed the accident, resulting the death of
deceased Hari Prasad ?
2. Whether Pw1 and Pw7 sustained simple injury due to rash and
negligent driving of crime vehicle by accused ?
3. Whether accused did not attended the necessary medical aid to
deceased and injured after the accident ?
4. Whether the prosecution established the guilt of the accused
beyond all reasonable doubt for the offence punishable under
section 304-A, 337 of Indian Penal Code and Section 134(a) (b)
r/w 187 of Motor Vehicle Act ?
Point No. 1
9. The case of prosecution is that accused is drive of crime vehicle bearing No.AP
04 UN TR 3723, on 12-7-2017 at about 6 pm., while Pw1 along with his son Hari
Prasad ( deceased) stood at village bus stand of Thottigaripalli Village, accused came
over there driving the crime vehicle going towards Pangavandlapalli Village, Pw1
along with son boarded the said tractor, Pw7 also along with them, when they reached
road curve near Pangavandla Palli Village of Badvel Mandal, accused drove the crime
vehicle in rash and negligent manner, due to this tractor turned turtle, all fell down,
Pw1, Pw7 sustained simple injuries and deceased who is son of Pw1 died. The
prosecution alleges that accused is liable for the rash and negligent driving which
result the death of deceased Hari Prasad, as such accused liable for punishment
under section 304-A of Indian Penal Code which reads as follows Section 304-A of
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Indian Penal Code:- 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.
10. In order to establish the case against the accused, the Learned Assistant Public
Prosecutor adduce the evidence of material witness who are Pw1, Pw7 injured
persons, Pw4 who is eye witness and Pw3 who is the owner of the tractor (crime
vehicle). Among them Pw1 is the father of deceased hari prasad and Pw7 also along
with them on the tractor at the time of accident. Pw1 said that he has not witnessed
the accident, he do not know on whose negligence the accident occurred, but said
that the accident occurred near Pangvandla Palli Village. Pw7 said that he did not
observed which vehicle dashed, he felt unconscious and that he do not know about
the case and further said that he was not examined by the police. Pw4 who eye
witness said that 5 years back while he was proceeding towards cultivation land
during the darkness, he observed deceased died due to tractor accident, but said he
do not know who committed the accident and on whose negligence the accident
occurred and that he was not examined by police. Pw3 gave evidence that he did not
produce any person before the police and do not know anything about this case and
police did not examined him. Pw5 who is investigating officer, gave evidence that
after registering the case, his investigation disclose that due to negligent driving of
the crime vehicle by accused , accident occurred and further said that Pw3 produce
the accused before him on 20-7-2017 stating accused is driver of the crime vehicle.
Accused deny the entire allegation of prosecution. In the evidence of material witness
no incriminating evidence elicited against the accused, as to the rash and negligent
driving of crime vehicle and further it is doubtful whether accused drove the tractor
at the time of the accident. The prosecution failed to establish that accused drove the
crime vehicle at the time of accident, which result the death of deceased hari prasad.
Point No. 2
11. The allegation of the prosecution is that, accused driver of the crime vehicle,
while proceeding towards Pangavadlapalli village of Badvel Mandal along with PW.1
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and PW.7 drove the vehicle in rash and negligent manner, when the vehicle reached
road curve of the said village, due to the act of driver of vehicle turned turtle as a
result PW.1 sustained injuries over the face and on right shoulder and other minor
injuries. PW.7 sustained injuries over the head and minor injuries on back of his body.
LW.12 / Doctor Sirisha on examining the injured persons and issued wound certificate
stating that the injuries sustained by them are simple in nature and that they are
liable under section 337 of Indian Penal Code, which reads as follows, section 337 of
Indian Penal Code–Causing hurt by act endangering life or personal safety of
others :- Whoever causes hurt to any person by doing any act so rashly or negligently
as to endanger human life, or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to six months, or with
fine, which may extend to five hundred rupees, or with both.
12. On going through the oral evidence of PW.1, he said that 3 year back, he along
with his deceased son met with accident near Pangavadla village and in that accident,
he sustained injury, but he said that, he do not know on whose negligence the
accident occurred. PW.7 gave evidence that, he did not observed which vehicle
dashed them and he do not know about the case. PW.5 is investigating officer, he
gave evidence that, during the course of investigation, he collected wound certificate
of PW.1 and PW.7 from the Medical Officer and Hospital intimation with regard to the
admission of injured persons at Badvel Government Hospital. PW.1 and PW.7 are the
witness to the accident along with PW.4, who is eye-witness, but he said that, he do
not know,. Who committed the accident and Police did not examined him. There is no
evidence of incriminating material that accused acted rash and negligently in driving
the crime vehicle and further it is doubtful, whether accused is the person responsible
for the accident. Hence, the prosecution fail to establish that, accused acted rash and
negligently in driving the crime vehicle.
Point No. 3 and 4
13. One of the allegation against accused is that, accused committed the accident,
while driving the crime vehicle and thereafter accused left the place without
attending the medical aid of the injured persons and did not inform police about the
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accident. The present case , the prosecution failed to establish that accused acted
rash and negligent manner, resulting the death of deceased and injured persons, who
are examined as PW.1 and PW.7, in the case the identity of the accused is doubtful, in
this circumstances, the accused is entitled to benefit of doubt.
14. In the result, accused found not guilty for the offence punishable under section
304-A, 337 of Indian Penal Code and Section 134(a) (b) r/w 187 of Motor Vehicle Act.
Accordingly, he is acquitted under section 255 (1) of Cr.P.C. The bail bonds of the
accused shall be in force for the period of six months from the date of Judgment.
Typed to my dictation, corrected and pronounced by me in the open court, on
this the 7th day of February, 2023.
Principal Junior Civil Judge-
Cum- Judl. Magistrate of I
Class, FAC to Additional Junior
Civil Judge-Cum-Judl.Magistrate
of I Class, Badvel
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
Complainant: Accused: NIL
PW1 : 10.08.2022: B.Venkata Narasaiah
PW2 : 10.08.2022: B.Penchalamma
PW3 : 10.08.2022: M.Esrome
PW4 : 03.01.2023: P.Chinnappa
PW5 : 03.01.2023: C.Chalapathi
PW6 : 09.01.2023: Y.Subbanna
PW7 : 20.01.2023: Y.Penchalaiah
EXHIBITS MARKED FOR
Complaint: Accused : NIL
Ex.P1 : Signature of PW.1 on the report.
Ex.P2 : Entire portion in 161 Cr.P.C statement of Pw.1.
Ex.P3 : Entire portion in 161 Cr.P.C statement of Pw2.
Ex.P4 : Entire portion in 161 Cr.P.C statement of Pw3.
Ex.P5 : Entire portion in 161 Cr.P.C statement of Pw4.
Ex.P6 : Complaint of PW.1.
Ex.P7 : F.I.R.
Ex.P8 : Inquest Report.
Ex.P9 : M.V.I. Report.
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Ex.P10 : Postmoterm Report.
Ex.P.11 : Wound certificate of PW.1.
Ex.P12 : Wound certificate of PW.7.
Ex.P13: Hospital intimation.
Ex.P14 :Entire portion in 161 Cr.P.C statement of Pw7.
MATERIAL OBJECTS MARKED FOR
Complaint: NIL Accused: NIL
Principal Junior Civil Judge-
Cum- Judl. Magistrate of I
Class, FAC to Additional Junior
Civil Judge-Cum-Judl.Magistrate
of I Class, Badvel
Calendar Case No. 633 of 2017 Page No.8 of 8
CALENDER AND JUDGMENT
IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE-CUM-ADDITIONAL
JUDICIAL MAGISTRATE OF I CLASS, BADVEL,
Date of Date of Date of Date of
Date of Date of Date of close
report of release of commenceme sentence or
offence apprehension of trial
complainant the accused nt of trial order
12.07.2017 13.07.2017 20.07.2017 20.07.2017 10.08.2022 03.02.2023 07.02.2023
--- NO DELAY ---
________________________________________________________________________________
State:- State represented by Sub-Inspector of Police, Badvel Urban Police Station.
Judgment in C.C. No.633/2017 in Crime No.179/2017
on the file of Additional Junior Civil Judge-Cum-Addtional Judicial Magistarte of I
Class, Badvel
Father's/
Name of the Accused Age Religion Calling Address
Husband Name
Murukuti Rama Lakshmi Resident of Savisettypalli
50 Krishna Reddy Hindu –
Reddy Village of SAKN Mandal
Offence U/Sec : Section 304-A of Indian Penal Code: Causing death by
negligence
Section 337 IPC Causing hurt by act endangering life or
personal safety of others -
Section 134(a)(b) of Motor Vehicle Act : Duty of driver in case of
accident and injury to a person
Finding of the Court : Found not guilty.
Sentence or Order: In the result, accused found not guilty for the offence
punishable under section 304-A, 337 of Indian Penal Code and Section 134(a) (b) r/w
187 of Motor Vehicle Act. Accordingly, he is acquitted under section 255 (1) of Cr.P.C.
The bail bonds of the accused shall be in force for the period of six months from the
date of Judgment.
Principal Junior Civil Judge-
Cum- Judl. Magistrate of I
Class, FAC to Additional Junior
Civil Judge-Cum-Judl.Magistrate
of I Class, Badvel
Copy submitted :-
The Hon'ble I Additional District & Sessions Judge, Kadapa
