JUDGMENT :

Virendra Kumar Srivastava, J.

1. This revision has been preferred against judgment and order dated 3.1.1998 passed by IIIrd Judicial Magistrate, Mathura, in Case No. 1922 of 1994 (State v. Pappu) whereby revisionist Pappu has been convicted and sentenced for 6 months simple imprisonment, for offence under sections 279, 304-A and fine of Rs. 500/- as well as order dated 12.1.2001 passed by 6th Additional Sessions Judge, Mathura in Criminal Appeal No. 2 of 1998 under sections 279/304-A IPC, PS. Farah, District Mathura whereby the aforesaid conviction and sentence passed by learned Magistrate has been affirmed.

2. Brief facts of this case are that on 9.4.1990 at about 3:00 p.m., deceased Narayan Singh was going to his home by his bicycle from his field and Amar Singh (PW-1), brother of deceased was grazing his buffalo nearby a ruined building situated nearby Govardhan Nala. As deceased Narayan Singh reached at road, revisionist-accused Pappu, driving his jeep No. D.N.H.0310, rashly and negligently dashed in the backside of the cycle of deceased. Deceased Narayan Singh got serious injuries and died on the spot. His bicycle was also broken. The said incident was seen by the info