JUDGMENT :

(Manoj Kumar Garg, J.) :

1. Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against the judgment dated 31.05.2005, passed by learned Additional Judicial Magistrate, First Class, Hanumangarh in Crl. Regular Case No.376/2004, whereby the learned trial court acquitted the accused-respondent No.2 from the offence under Sections 279, 304-A IPC.

2. Brief facts of the case are that on 31.10.2003, complainant Khem Chand submitted a report to the effect that his brother Bishanu Das runs an ara machine in the village Kohla and his brother went to village Kohla in the morning. The complainant along with his younger brother Manohar Lal was coming to their home from Fatehgarh at about 8:15 PM, when they reached near Gali No.8, Nai Abadi at Rawatsar Road, their brother Bishanu Das crossed them riding on motorcycle bearing registration No.RJ-31-M-7755. At that time a truck bearing registration No.RJ-31-G-4168 came behind Bishanu Das in a rash and negligent manner and hit him and he fell down. The truck driver fled away from the spot and during treatment Bishanu Das died in the hospital. The said truck was being driven by accused-responden