U.L. Bhat, J.

1. The defacto complainant, PW 5, in C.C. 132/78 has filed this revision challenging the order passed by the Judicial First Glass Magistrate, Manantoddy acquitting the second respondent herein of the charge under S.304A IPC.

2. PW 12, Sub Inspector of Police, in Crime No. 29/78 laid a charge against the 2nd respondent on the allegation that on 8th March 1978 at 1.30 p.m. at Porunnanur amsom, Kringari desom, the 2nd respondent drove jeep K.L.P. 5229 in such a rash and negligent manner so as to endanger human life, that while driving the jeep from south to north drove it along the extreme western side of the road and struck a boy standing in the western foot path of the road, as a result of which the boy sustained fatal injuries. The occurrence was caused by the excessive speed, the careless way of driving and the overloading the front seat of the jeep in such a fashion that the driver could not sit properly. PW 5, the father of the injured boy was informed about the occurrence. The boy was taken to the Government Hospital, Manantoddy, where he died. On intimation received from the hospital, Head Constable of Police, PW 3 attached to the Manantoddy Police Station wen