Sandeep Sharma, J.

Instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 25.2.2009 passed by learned Sessions Judge(Forest) Shimla, H.P. in Criminal Appeal No. 9-S/10 of 08/2005, affirming the judgment dated 18.5.2005, passed by learned Judicial Magistrate Ist Class, Court No.II, Shimla in Criminal Case No.10/2 of 2000, whereby the petitioner (in short ‘accused’) was convicted under Sections 279, 337 and 338 of IPC and sentenced as under:-

279 IPC To pay fine of Rs.500/- and in default of payment of fine to undergo S.I. for one month.

337 IPC To pay fine of Rs.500/- and in default of payment of fine to undergo S.I. for one month.

338 IPC S.I. for three months.

2. Briefly stated facts, as emerge from the pleadings are that on 16.5.1999, Jatinder Kumar along with his friends namely Kuber Chand(complainant), Gian Chand, Ramesh Chand, Kamal Thakur and others came to Mashobra to see Mashobra Seepur fair and were purchasing articles from the market. At about 7:00 PM, when they were proceeding from Mashobra towards Gabble Hotel side to board the bus, a truck bearing registration No.HP