JUDGMENT :

(i) The judgment and order dated 04.05.2010, passed in Criminal Case No.596 of 2009, State Vs. Surendra Singh, by the court of Additional Judicial Magistrate, Rishikesh, District Dehradun, (“the case”). By it, the revisionist has been convicted and sentenced under Sections 279, 337, 304A and 427 IPC and,

(ii) The judgment and order dated 09.03.2011, passed in Criminal Appeal No. 37 of 2010, Surendra Singh Vs. State, by the court of Additional District and Sessions Judge, Rishikesh, District Dehradun (“the appeal”). By it, the judgment and order dated 04.05.2010 passed in the case has been confirmed.

2. Heard learned counsel for the parties and perused the records.

3. Briefly stated, according to the prosecution case, on 08.04.2004, PW2 Virendra Singh Bhandari, on a motorcycle bearing Registration No. HR-07-2631, was returning to his home. With him was his uncle Raghuveer Singh as pillion rider. As soon as he reached at Susva River Bridge, a roadways bus bearing Registration No. UP-15Q-9647 (“the bus”), came in a very fast speed from behind and without blowing horn hit the motorcycle from behind, due to which his uncle Raghuveer Singh sustained injuries. The motorcycle was al