JUDGMENT

J.B. Goel, J. - This criminal revision petition is directed against judgment and order dated 6-2-1996 and 192-1996 of learned Metropolitan Magistrate convicting the petitioner under Section 279/304-A, IPC and sentencing him to RI of one year and a fine of Rs. 5.000/- under Section 304-A. IPC and the judgment of the Appellate Court dated 29-9-1998 confirming the conviction but reducing the sentence from one year RI to RI of six months.

2. Briefly the facts are that the deceased Subhash Pahwa along with his pillion rider Harish Chand while going on a two wheeler scooter No. HR29-5686 towards Rohini side at about 9.00 a.m. at Road No. 41 were hit by truck No. DIL-836 from behind. Both of them had fallen down. Sub hash Pahwa had sustained head injuries and died at the spot whereas the- pillion rider got some injuries. Report was lodged by Harish Chand on the basis of which FIR was registered. Petitioner' s truck was seized and he was arrested at spot. He was held guilty and convicted. Learned Counsel for the petitioner is challenging the legality and validity of the conviction on the following contentions:

1. The identity of the accused has not been established.

2. The i