(1.) The petitioner/accused is questioning the findings of the trial court in convicting the petitioner for causing death of one person and injuring another by driving his lorry in rash and negligent manner and causing the accident.
(2.) Briefly the prosecution case is that on 25/12/2010, at about 6.30 p.m., while the deceased was on one motor cycle and Pw.2 was on another motorcycle, who is the only eye witness, the lorry allegedly overtook the said motorcycle and dashed against two other motorcycles. The driver of the first motorcycle received grievous injuries and died on the spot. The driver of the second motorcycle also received injuries. Pw.2 made an attempt to apprehend the driver of the lorry, but the driver stopped the lorry at a distance of 200 meters from the accident place and the driver of the lorry fled.
(3.) It is further the case of the prosecution that the accident happened on 25/12/2010 and three days thereafter, i.e., on 28/12/2010, Pw.7, who was the owner of the lorry produced the driver before the police and the driver of the lorry was remanded to judicial custody.