VINOD KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Proposed Revisionist was convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.500.00 under Sec. 279 of the Indian Penal Code, 1860 (in short, 'IPC'), and, he was further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.1,000.00 under Sec. 304A IPC vide judgment dtd. 17/2/2023, passed by learned Ist Judicial Magistrate, Udham Singh Nagar. Against the said judgment, a Criminal Appeal (Criminal Appeal No.42 of 2023) was filed. The said Appeal has been dismissed vide judgment dtd. 6/10/2023, passed by learned IIIrd Additional District and Sessions Judge, Udham Singh Nagar.

(2.) Heard Mr. Vikas Anand, learned counsel for the revisionist and Mr. Akshay Latwal, learned Brief Holder for the State.

(3.) Mr. Vikas Anand, Advocate, contended that the case of the revisionist ' accused is that he was not driving the offending vehicle at the time of the incident and no cogent and reliable evidence is available on record to prove that the offending vehicle was driving by the revisionist ' accused in a rash or negligent manner.