Bhawani Singh, J.—By this petition the petitioner challenges the judgment of Additional Sessions Judge ([), Kangra Division, in Criminal Appeal No. 4 of 1985, decided on 7-1-1987 thereby confirming the decision of Sub-Divisional Judicial Magistrate, Palampur, in Criminal Case No. 114-11/8 U decided on 29-12-1984. By this decision, the petitioner has been convicted under section 304-A of the Indian Penal Code and sentenced to simple imprisonment for one year and to a fine of Rs 2,000 and in default of the payment of fine, to further undergo simple imprisonment for six months. The amount of fine, on realisation, has been ordered to be paid to the parents of the deceased.

2. The facts, in brief, are that on September

20. 1982, the petitioner was driving truck No. HPS-4955 from Nagrota to Palampur, a State Highway. He crushed to death Rakesh Kumar (6) near Darang at about 12.15 p. m. while the child was standing on the left side of the road. It is alleged that the petitioner was driving the truck in a rash and negligent manner and the accident was the outcome of the same. The parents of the child and some other persons raised noise and the petitioner stopped the vehicle at a dist