(1.) ARGUMENTS re -heard.
(2.) THE appellant 'sson Harish Dharma, while driving Motor Cycle No. HPS -8809 on the National Highway No. 22 at about 7 p.m. met with an accident with vehicle No. HP -28 -0397 near the Nirsu Dutt Nagar, Tehsil Rampur, District Shimla, H.P. Harish Dharma died on the spot and Rajesh Kumar (PW -4) the pillion rider sustained injuries and after falling on the road became unconscious. Hearing the sound of the accident the nearby villagers came and arranged for medical assistance. The matter was reported to the Police and a criminal investigation was initiated against the respondents. PW -4 regained consciousness in the hospital and the deceased was cremated.
(3.) BASED on the pleadings of the parties, the trial Court framed the following issues: