Rakesh Kainthla, Judge

The present revision is directed against the judgment dated 11.04.2013 passed by learned Sessions Judge (Forests), Shimla, District Shimla, H.P. (learned Appellate Court), vide which judgment of conviction dated 24.11.2010 and order of sentence dated 29.11.2020, passed by learned Judicial Magistrate, First Class Court No.2, Shimla, District Shimla, H.P. (learned Trial Court), were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused for the commission of offences puni.shable under Sections 279 , 337 and 201 of the Indian Penal Code, 1860 ( IPC ) and Sections 184 and 185 of the Motor Vehicles Act, 1988 (MV Act).It was asserted that informant Prem Chand (PW-1) and Shyam Lal Kashyap (PW-6) had parked their vehicle bearing registration No.HP06-r3393 near Dhalli Link Road, Inder Nagar, towards the left side of the road on 03.04.2006, and were talking on the telephone. A truck bearing registration No. HP-63-1157 came from Sanjauli and hit the rear side of the