Vivek Singh Thakur, J.

1. Petitioner is aggrieved by judgment passed in Criminal Appeal No. 47-S/10 of 2007, dated 30.05.2009 by learned Additional District Judge (Fast Track), Shimla confirming judgment passed by learned Chief Judicial magistrate in Cr. Case No.44/2 of 2006/03, dated 17.11.2007, convicting and sentencing petitioner to imprisonment of six months each for offences punishable under Sections 287 and 337 IPC and further under Section 304-A of Indian Penal Code with imprisonment of one year with a fine of Rs.2500/- and in default of payment of fine to undergo further simple imprisonment for a period of one month.

2. Driver of the vehicle was prosecuted for rash and negligent conduct with respect to machinery endangering human life and causing injury and death of the children. Notice of accusation under Sections 287, 337 and 304-A IPC was put to petitioner.

3. After facing trial, aggrieved by his conviction and sentence by trial court, petitioner had filed an appeal in Sessions Court which has been dismissed by learned Additional Sessions Judge, Fast Track Court, Shimla. Hence present petition has been preferred.

4. On the fateful day, petitioner had parked truck o