M.R. Verma, J.—This revision petition is directed against the judgment dated 2.2.2001, passed by the learned Additional Sessions Judge (I), Kangra at Dharamshala, whereby appeal of the accused-petitioner (hereafter referred to as the accused) against the judgment dated 29.5.2002, passed by the learned Judicial Magistrate 1st Class (I), Dharamshala, convicting the accused under Sections 279 and 304-AIPC and sentencing him to undergo rigorous imprisonment for one year and fine of Rs. 1,000 and in default of payment of fine, to undergo simple imprisonment for two months, had been dismissed.

2. Briefly stated, the facts leading to the filing of the present petition are that on 15.2.1996, at about 1.15 p.m., Rumelu (since deceased) was coming from Darini to Shahpur after collecting the mail. When he reached near Post Office, Shahpur, the accused, while driving scooter No. HP-40-0594 in a rash and negligent manner, came from Shahpur side and hit the deceased with the scooter. With the impact of the collision, the deceased fell on the ground and sustained bodily injuries. He was shifted to Zonal Hospital, Dharamsala. The occurrence was reported to the police by Dev Raj (PW-3) vide