JUDGMENT :

This Criminal Revision is directed against the judgment and order dated 25.11.2013 passed by the learned Sessions Judge, Tehri Garhwal in Criminal Appeal No. 63 of 2012, Virendra Kumar and another Vs. State of Uttarakhand, whereby, the learned Sessions Judge Tehri Garhwal affirmed the judgment and order dated 26.10.2012 passed by the learned Judicial Magistrate/Civil Judge (Senior Division), Tehri Garhwal in Criminal Case No. 190 of 2012, State Vs. Virendra Kumar and another, whereby, the revisionists-accused were convicted under Sections 279, 304-A IPC and were sentenced under Section 279 IPC for a term of three months’ simple imprisonment and a fine of Rs. 1000/-each, with default stipulation of 15 days’ additional simple imprisonment; two years’ simple imprisonment under Section 304-A IPC and a fine of Rs. 1000/-each, with default stipulation of 15 days’ additional simple imprisonment.

2. As per the case of the prosecution a Tehrir (Ext.A1) was given to Incharge, Police Outpost Pipaldali, Police Station New Tehri, District Tehri Garhwal against the driver and conductor (the present revisionists-accused), by informant-Dinesh Lal S/o Babu Ram (PW-3) with the allegations t