JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 21.06.2013 passed by learned Sessions Judge (Forests), Shimla, (learned Appellate Court), vide which judgment of conviction dated 17.04.2009 and order of sentence dated 18.04.2009, passed by learned Judicial Magistrate, First Class, Court No.2,Shimla, H.P. (learned Trial Court), were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present petition are that the police presented a challan against the accused for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (IPC) and Section 185 of the Motor Vehicles Act, 1988 (M.V. Act). It was asserted that the injured, Rajesh Rekta (PW-7), Yog Raj (PW-2), Surinder Kumar and the petitioner, Om Parkash, consumed liquor on 31.12.2002 with their friends. The informant Rajesh Rekta (PW-7), Yog Raj and Surinder Kumar boarded the vehicle bearing registration No. HP25-0507, which was being driven by the petitioner, Om Parkash. The vehicle met with an accident on the way to Sanan and f