(1.) Revisionist-accused Gurumukh Singh was convicted and sentenced to undergo simple imprisonment for a period of six months under Sec. 279 of the Indian Penal Code, 1860 (in short, 'IPC'), and, he was further convicted and sentenced to undergo simple imprisonment for a period of two years under Sec. 304 A IPC.
(2.) Against the said judgment dtd. 2/12/2021, passed by learned Ist Judicial Magistrate, Haldwani, District Nainital in Criminal Case No.1892 of 2017, an appeal was filed. The said Appeal (No.74 of 2021) has been dismissed vide judgment dtd. 5/9/2023, passed by learned Ist Additional District and Sessions Judge, Nainital.
(3.) Mr. Gaurav Singh, Advocate, contended that the case of the revisionist is that he was not driving the offending vehicle at the time of the incident, and, the owner of the offending vehicle (PW9) has not supported the case of the prosecution in his cross-examination.