Sandeep Sharma, J.

The present revision petition filed under Section 397 of the Code of Criminal Procedure is directed against the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Shimla, in Cr.Appeal No.58-8/10 of 2004/03, dated 2.1.2008, affirming the order of conviction passed by the learned Judicial Magistrate Ist Class, Court No.2, dated 17.12.2002 in case No.241/2 of 2001.

2. Facts necessary for the adjudication of the case at hand are that on 16th August, 2001, in the forenoon, police received telephonic information in Police Post, Suni, that a person, who had suffered injuries by falling from a jeep and was brought in unconscious state to the hospital for treatment, has expired. Police, on the receipt of the aforesaid information, entered daily diary report No.8 in the Police Post and immediately thereafter Head Constable Tek Ram, the then Investigating Officer, Police Post, Suni, alongwith staff went to the hospital and recorded the statement of Vidhan Lal Ex.PW-1/A under Section 154 Cr.P.C., wherein he stated that he is an agriculturist and resident of village Dewal (Thali), Post Office, Suni. He stated that on 16.08.2001, he alongwith h