T.P.S.MANN, J.

1. The petitioner was tried by Judicial Magistrate Ist Class, Gurgaon for offences under Sections 279 and 304-A IPC. Vide judgment and order dated 9.11.2001, the trial Court convicted the petitioner for the said offences and sentenced him to undergo rigorous imprisonment for one year under Sec.304-A ipc and imprisonment for a period of two months under Sec.279 IPC. Both the sentences were, however, ordered to run concurrently. Aggrieved of the same, the petitioner filed an appeal, but the same was dismissed by Additional sessions Judge, Gurgaon on 5.10.2002. He is now before this Court by way of a revision filed under Sec.401 Cr. P. C.

2. The F. I. R was registered on the basis of a statement made by raja Ram, wherein he stated that on 12.7.1998 he alongwith his wife Santosh Devi (since deceased) and one Ram kishan, resident of village Janaula was coming from Pataudi to their village on foot by moving on kacha portion of the road. When they reached near the Shiv mandir, a jeep bearing registration No. HR-26-D-6516 came from the side of pataudi. When the jeep stopped, the passengers sitting therein got down and boarded a bus. Thereafter, the jeep driver while