H.R. Panwar, J.-By the instant criminal revision petition under Section 397/401, Code of Criminal Procedure, 1973 (for short ‘the Code’ hereinafter) the petitioner-complainant has challenged the order dated 08.04.2004 passed by the Additional Sessions Judge (Fast Track), No. 2, Bikaner (for short ‘the trial Court’ hereinafter) in Sessions Case No. 39/2003 whereby the trial Court dismissed the application filed by the petitioner through Additional Public Prosecutor under Section 319 of the Code. Aggrieved by the order impugned, the petitioner has filed the instant revision petition.

2. The facts and circumstances giving rise to the present revision petition are that the petitioner complainant lodged a First Information Report at Police Station, Gajner, District Bikaner on 01.09.2002 inter alia alleging therein that he alongwith his uncle Durgaram the deceased, Bakhtaram, cousin Laxmanram and Pritamsingh was working in the agriculture field. They went to the field in the jeep of deceased Durgaram. While they were working in the field on 31.08.2002, at about 4.30-5.00 P.M., Naraindan, Shiv Dan, Kushaldan all sons of Rughnathdan, Naraindan, Bhagwandan, Shabhudan sons of Mohand