RAJ KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31-10-2011 passed by the 4th Additional Sessions Judge, Raipur (CG) in Sessions Trial No. 174 of 2010, wherein the said Court convicted the appellant for the commission of offence under Sec. 304 Part II of Penal Code for causing unintentional death of one Rahul Singh and Sec. 185 of the Motor Vehicles Act, 1988 (for short, the Act, 1988") and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.200.00 and RI for three months with default stipulations.

(2.) As per version of prosecution, on 3-7-2010 at about 10-15 pm - 10.30 pm at night deceased Rahul Singh and his wife namely Alpana Singh were travelling by driving the vehicle Activa bearing registration No. CG. 04-CW 7754. During the course of crossing the road, there was quarrel between the appellant and the deceased. Appellant by driving his vehicle Bolero bearing registration No. CG 04 H 9602 dashed the vehicle Activa which caused multiple injuries on the body of Rahul Singh. He was taken to hospital where he died. It is found that the appellant was driving the vehicle after consuming alcohol that is why he was charge-sheeted for the offence as mentioned above. After completion of trial, the trial Court convicted and sentenced the appellant as aforementioned.

(3.) Learned counsel for the appellant submits as under: