JUDGMENT :

VIVEK SINGH THAKUR, J.

1. The petitioner has preferred present revision petition assailing his conviction and sentence affirmed by learned Sessions Judge (Forest) Shimla in Criminal Appeal No. 127-S/10 of 2012/10 vide judgment dated 03.09.2013 under Sections 279, 337, 338 and 304-A of IPC and under Section 187 of Motor Vehicles Act as imposed by learned Judicial Magistrate, Ist Class, Theog, District Shimla in case No. 255-I of 2005 vide judgment dated 10.11.2009.

2. On fateful day dated 02.09.2005, one Yogesh, pillion rider of motorcycle No. MFW-4878 being driven by injured PW-1 Aman Thakur had succumbed to his injuries on hitting motorcycle by truck No. HP-12-3325 being driven by petitioner Amerjeet Singh at about 1.00 PM at place near Sarog-Gali on National Highway-22. Petitioner did not stop on the spot. Injured were shifted from spot to Civil Hospital Theog by passersby in their vehicle. Yogesh was referred to Indira Gandhi Medical Hospital, Shimla but he succumbed to his injuries on the way. On completion of investigation conducted in pursuance to FIR Ex. PW-13/B registered on the basis of statement Ex. PW-13/A, Challan was put in the Court.

3. On conclusion of trial,