Kuldip Singh, J.

The petitioner has suffered conviction in both the Courts below under Sections 279, 337, 338 IPC, he has assailed judgment dated 21.2.2005 passed by learned Sessions Judge, Hamirpur in Criminal Appeal No. 06 of 2004 affirming judgment dated 3.6.2004 passed by learned Judicial Magistrate 1st Class, Barsar in case No. 44-1 of 2004/45-II-2003.

2. The prosecution case in brief is that on 23.3.2004 PW-10 ASI Raj Kumar alongwith PW-8 H.C. Anil Kumar received information that accident had taken place, they reached Chakmoh. The statement Ex.PW-1/A of PW-1 Malu Ram under Section 154 Cr.P.C. was recorded. PW-1 stated that he was driver of Gypsy bearing No. HP-22-0029 and was on duty with Sub Divisional Police Officer, Barsar, PW-9 P.N. Banyal on 23.3.2003. They were coming from Deotsidh temple and were going to Chakmoh. At about 2.p.m. one kilometer from Chakmoh near Jaralmod a bus bearing No. HP-39-5685 came from the opposite side which was being driven in rash and negligent manner by the petitioner. PW-1 turned his Gypsy on the left side berm of the road but bus hit the Gypsy.

3. PW-1 further stated that on account of accident, the right side of the Gypsy was damag