1. By the present petition the Petitioner seeks setting aside of the order dated 1st September, 2010 passed by the learned Additional Sessions Judge upholding the order of conviction of the Petitioner passed by the learned Metropolitan Magistrate under Sections 304A/279 IPC. The learned Metropolitan Magistrate vide order dated 27th January, 2010 sentenced the Petitioner to undergo Rigorous Imprisonment for a period of six months for offence punishable under Section 279 IPC and a fine of Rs. 1000/- and in default of payment of fine to undergo Simple Imprisonment for 15 days and Imprisonment for two years and Rs. 1000/- fine under Section 304A IPC, in default of payment of fine to undergo Simple Imprisonment for 15 days.

2. Briefly the prosecution case is that on 23rd April, 1994 at around 9 p.m. at Faiz Road Crossing, D.B.G. Road, the Petitioner was driving Truck bearing No. UP 15B 3642 in rash and negligent manner so as to endanger human life and personal safety of others and while doing so he struck against a mopped bearing No. DL 1SC 4565 and caused death of rider. FIR No. 127/1994 under Sections 279/304-A IPC was registered at PS DBG Road against the Petitioner. The inv