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 28.07.2004, passed by learned Addl. Chief Judicial Magistrate, Bhinmal in Regular Cr. Case No. 284/1998, whereby the learned trial court acquitted the accused-respondent No. 2 from the offence under Sections 279, 304A IPC.

2. Brief facts of the case are that on 11.05.1998, complainant Sanwla Ram submitted a written report at Police Station Bhinmal to the effect that at about 4:15 PM, two children namely Reti and Mahendra were playing outside the house of his uncle Maknaram, a roadways bus bearing No. RJ-06-P-0284 came in a rash and negligent manner and hit the child Reti. As a result of which, Reti died on the spot. The said roadways bus was being driven by accused respondent No. 2. Upon the aforesaid report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the accused-respondent No. 2 in the Court concerned.

3. The Learned Magistrate framed charge against the accused-respondent No. 2 for offences under Sections 279, 304A IPC and upon denial of guilt by the accused-respondent No. 2,