SABINA, J.

1. The petitioner was convicted for an offence under Sections 279/304-A of the Indian Penal Code ("ipc"- for short) vide judgment dated 16.7.1993 passed by the Sub Divisional Judicial Magistrate, Kharar. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for a period of six months under Sec.279 IPC and for a period of one year and a fine of Rs.1,000/- under Sec.304-A IPC. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 15.12.1994 passed by the Additional Sessions judge, Rupnagar. Hence, the present revision petition under Sec.401 of the code of Criminal Procedure. Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:-

"On 19.10.1990 at 7.35 p. m. Darshan Kumar son of Lal Chand made a statement to Gurdev Singh Assistant sub Inspector of Police Station Sohana. He stated that he was running a shop of a photographer at Zirakpur. At about 5.30 p. m. he was going from his village bhabat to Zirakpur on his scooter. His nephew Sonu son of Kalu Ram and son of pritam Teli of his village were going on a cycle ahead of him to Z