JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. The petitioner has challenged his conviction under Section 279 and Section 304A of the Indian Penal Code.

2. In T.R. No. 97 of 2014, the petitioner has been convicted and sentenced to S.I. for three months under section 279 IPC and S.I. for two years and fine of Rs. 500/- under section 304A IPC.

3. He has preferred Criminal Appeal No. 24 of 2014 which was dismissed by judgment dated 03.07.2014, however, the learned appellate court has reduced the sentence under section 304A IPC from S.I. for two years and fine of Rs. 500/- to S.I. for one year with fine of Rs. 500/-.

4. On the basis of fardbeyan of father of the victim, a First Information Report was lodged against driver of the pick-up van bearing no. JH-06C-0903 under section 279 and section 304A of the Indian Penal Code. After the investigation, a charge-sheet was filed against the petitioner and he has faced the trial on the aforesaid charges. During the trial, the prosecution has examined five witnesses; the father of the victim has been examined as PW-2. The prosecution witness Govardhan Laguri PW-3 has claimed that he was with Debu Laguri when he was hit by the pick-up van which was driven b