Hon'ble Prafulla C. Pant, J.

This revision is directed against the judgment and order dated 07.01.2005, passed by Sessions Judge, Nainital, in Criminal Appeal No. 26 of 2004, whereby the conviction of the revisionist under Section 304-A of I.P.C. and under Section 51 of the Wild Life (Protection) Act, 1972, is affirmed by said court.

2) Heard learned counsel for the parties and perused the record.

3) Brief facts of the case, as per the prosecution story, are that on 27.07.1991, at about 05:00 P.M., Tari Ram (deceased) was ploughing his field, when Lachham Singh (revisionist / accused) shouted that a deer (CHEETAL) has come to damage the crop in the field. He fired shot at the animal but the fire hit Tari Ram, who succumbed to his injuries. On this, a first information report was lodged at the police station Haldwani against accused Lachham Singh, Raja Ram, Ram Bharose and Gopal Bahadur, relating to offences punishable under Section 304-A of I.P.C., and one punishable under Section 51 of the Wild Life (Protection) Act, 1972. As per the prosecution story, soon after the accidental death of Tari Ram, the aforesaid accused killed the deer. After investigation charge sheet was file