accident case

1 year ago

JUDICIAL FIRST CLASS MAGISTRATE AT KOTHAVALASA IN THE HONOURABLE

Between:
State represented by the
CC No
/2022
Sub Inspector of Police, Kothavalasa Police Station
And:
Complainant
1. Gorle Prasad S/o late Apparao, Gorlevanipalem village, age 29 years, K.Velama by caste, Paravada Mandal of Visakhapatnam district, driver of Auto bearing no AP 31 TH 1291, Ph 7288800187
2. Majji Mahesh S/o Narasinga Rao, age 28 years, T-Kapu by caste, N/o Kothavalasa village R/o Bheemasingi village, Jami Mandal, owner of Honda Activa bearing no AP 35 S 1513, Ph 8500045047
Deceased:

.Accused
Moyya Hema Kumar S/o Demudu babu, age 22 years, SC Mala by caste, Dathi village, Kothavalasa Mandal, rider of scooty bearing no AP 35 S 1513

CHARGE SHEET FILED AGAINST THE ACCUSED U/S 304 (A) IPC AND SEC 180, 146/196 MV ACT IN CR.NO 281/2021 OF KOTHAVALASA POLICE STASTION The A1 is a resident of Gorlevanipalem village, Paravada Mandal of Visakhapatnam district and he is driver of crime vehicle auto bearing no AP 31 TH 1291 at the time of committing accident.

The A2 is the resident of Bheemasingi village of Jami Mandal and he is owner of deceased rider of Honda Activa motor cycle bearing no AP 35 S 1513, he knowingly allowed his motor cycle to the unlicensed deceased Moyya Hema Kumar, caused accident and death of the deceased.

L.W.1 is De-facto complainant and father of the deceased, L.W.2 is elder brother of the deceased, L.W.3 is direct witness at the time of accident committed by the accused, L.WS 4 to 6 are circumstantial witnesses, L.WS 7 to 11are inquest panchayatdars, L.ws 12 & 13 are mediators at the time of observation of the scene of offence, L.W.14 is Medical Officer, CHC, S.Kota, L.W.15 is Assist MVI, Vizianagaram, L.W.16 is ASI 1037 of Kothavalasa P.S and L.W.17 is Sub Inspector of Police, Kothavalasa P.S and investigating police officers in this case.

The offence took place on Kothavalasa-Vizianagaram BT road situated at Kothasunkarapalem village which lies within the limits of Kothavalasa police station and under the jurisdiction of the Honourable court to enquire this matter.

One Gorle Prasad S/o late Apparao, age 29 years, K.Velama by caste is hereinafter called as deceased in this case resident of Gorlevanipalem village, Paravada Mandal of Visakhapatnam district.






On 01.11.2021 at 00-30 hours the LW. I attended police station and lodged report stating that he is the resident of Dathi village of Kothavalasa Mandal and the deceased Moyya Hema Kumar aged about 22 years is younger son of L.W.1. On 31.10.2021 the deceased Moyya Hema Kumar aged about 22 years went to t coming towards their village on scooty bearing no AP 35 S 1513 and at Kothavalasa and night while he was about 19:00 hours when the deceased reached near Kothasunkarapalem village meanwhile the accused driver of Auto bearing no AP 31 TH 1291 drove the auto in a rash and negligent Kothavalasa at high speed and dashed a manner proceeding towards opposite direction, as result the deceased fell on road and received grievous against the scooty of the deceased in injuries on his forehead, right hand, right thigh and died on the spot. The LW.3 who passing through the road witnessed the accident and informed the facts to L.W.S 1 and 2. In turn the L.W.1 attended police station and lodged a report for necessary justice.

Basing on the report of LW.1, the L.W.17 registered the same as a case in Cr.No 281/2021 U/S 304 (A) IPC on 01.11.2021 at 00:30 hours and endorsed the case to L.W.16 for investigation.

The L.W.16 took up investigation, submitted original FIR along with report of the complainant to the Honourable JFCM Court, Kothavalasa and also submitted form-54 along with connected documents to the Honourable Chairman, accidents claims tribunal authority as contemplated u/s 158 (6) MV rules and investigated into.

During the course of investigation L.W.16 visited the scene of offence ie Kothavalasa-VZM BT road situated at Kothasunkarapalem village, inspected it minutely in the presence of mediators L.Ws 12 & 13, got drafted the scene observation report, prepared the rough sketch of the scene of offence, examined L.Ws 1 to 6 and recorded their detailed statements under 161 (3) Cr.P.C and conducted inquest over the dead body of the deceased in the presence of inquest panchayatdars ie L.Ws 7 to 11 at CHC, S.Kota, took photographs over the dead body of the deceased with android cell phone and forwarded the corpse to L.W.14 Civil Assist Surgeon, CHC, S.Kota for autopsy. All the panchayatidars unanimously opined their verdict that the deceased died due severe injuries received on head and body in road accident caused by the rash and negligent driving of the accused driver of auto bearing no AP 31 TH 1291.

The owner of the deceased rider of Honda Activa motor cycle bearing no AP 35 S 1513 allowed his motor cycle to the unlicensed person ie deceased by knowing well as the deceased has not get any valid DL and the deceased motor cycle not covered with any valid insurance hence u/s 180, 146/196 MV Act attracted against the A2.

As the prime facie established against the accused on 02.11.2021 the LW.16 served notice to the A1 U/S 41 A (1) Cr.P.C and on 7.11-2021 served notice to the A2 since the offence is bailble in nature and below 7 years for punishment of imprisonment.
LW.14 Civil Assist Surgeon, CHC, S.Kota who conducted autopsy over the dead body of the deceased and issued PM certificate opined that the cause of death to the best of my knowledge is Hemorrhagic shock due to Head injury and with multiple bone fractures"






L.W.15 Assist. Motor Vehicle Inspector 0/0 Deputy Transport Commissioner, Vizianagaram who inspected the crime vehicle auto and deceased motor cycle and issued accident report opined that the accident was not due to any mechanical defect of the vehicles AP 31 TH 1291 & AP 35 S 1513.

The accused driver cum owner of the auto bearing no AP 31 TH 1291 got valid DL and RC but the vehicle has not covered with any insurance certificate and the A2 allowed his motor cycle to the un licensed deceased hence u/s 180, u/s 146/196 MV Act is attracted and added together with previous section of law u/s 304 (A) IPC.

L.W.17 verified the investigation made by L.W.16 and after completion of investigation, prepared charge sheet against the accused u/s 304 (A) IPC and sec 180, 146/196 MV Act and being filed in the Honourable court.

Thus, the evidence of L.Ws 1 to 6 and investigation made by L.Ws 16 & 17 disclosed that the accused committed the offence and the A1 liable to be punishable U/s 304 (A) IPC and sec 146/196 MV Act and A2 is liable u/s 180, 146/196 MV Act.

Hence, the charge sheet

Sub Inspector of Police, Kothavalasa P.S 2


I am majji mahesh accused 2, i sold a motor vehicle before the accident case , but no paper document ,what i do sir please suggest me sir