ALTAMAS KABIR, J.

1. This Special Leave Petition and four other Special Leave Petitions have been filed against the judgment and order of the Madhya Pradesh High Court dated 11 th September, 2006, whereby the order of the Sessions Judge, Bhopal, framing charges against the accused under Section 304 Part II IPC in Sessions Trial No. 212 of 2005 was set aside and directions were given to frame charge only under Section 323/34 IPC. As all the Special Leave Petitions arise out of the common judgment of the High Court. the same are being heard together. Leave is accordingly granted in all the five Special Leave petitions (Crl.) Nos. 6010 and 5473 of 2006, filed by Mrs. Indu Jain, No. 2132 of 2007 filed by the State of Madhya Pradesh, No. 2584 and 2588 of 2007 filed by the accused.

2. In order to appreciate the different stands taken by the different appellants in the matter, some relevant facts are reproduced herein below which will have a bearing on the final decision in these appeals.

3. On 14th July, 2004, officers of the Special Police Establishment (Lokayukta), Bhopal, headed by Shri B.P. Singh and Shri Mokham Singh Nain, who are the appellants in the appeals arising out of SLP (Crl)