JUDGMENT

ADARSH KUMAR GOEL, J.

1. Leave granted.

2. This appeal has been preferred against judgment and order dated 27th February, 2013 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.406 of 2011.

3. Only question raised for consideration is whether the sentence imposed in the facts and circumstances is fair and just.

4. On 20th August, 2009 at 5.35 P.M. FIR was lodged by PW 3 Chhering to the effect that he was a mason in the work of construction of road at Gulaba near Manali. At 2.30 P.M., a tanker driven by the respondent accused struck the deceased Sonam a 20 year old girl, which was on account of rash and negligence driving by the respondent. The injured was taken to Mission hospital, Manali where she was declared dead on arrival. After completing the investigation, the accused was sent up for trial.

5. The prosecution examined six witnesses, namely, PW 1 Dr. Balbir Rawat, PW 2 Budhi Singh, PW 3 Chhering, PW 4 Smt. Seema, PW 5 Sange Sherpa and PW 6 SI Om Chand. The accused took up the plea that the deceased came under the rear tyre after a part of the vehicle had already crossed. The girl had come running and struck against the vehicle and the appel