Sandeep Sharma, J.

The instant criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC, is directed against the judgment dated 12.3.2009, (in short ‘the impugned judgment’) passed by the learned Additional Sessions Judge, Fast Track, Kullu, District Kullu, HP, in Criminal Appeal No. 10 of 2008, affirming the judgment of conviction and sentence dated 8.8.2008, passed by the learned Judicial Magistrate, Ist Class, Manali, District Kullu, H.P. in Criminal Case No. 340-1/07/72-II/07, whereby the petitioner accused has been convicted and sentenced as under:-

“Section 279 IPC

To undergo simple imprisonment for a period of three months and to pay fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for a period of one month.

Section 304-A of the IPC

To undergo simple imprisonment for a period of one year and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for six months under Section 304-A of the IPC.”

2. Briefly stated facts as emerge from the record are that complainant namely Ram Samuj, got his statement recorded under Section 154 of the Cr.PC (Ext.PW2/A), before the police, st