Heard Shri. T. A. Mirza, learned A.P.P. for the appellant, Shri. S. V. Manohar, learned counsel for respondent no.1 and Shri. V. M. Deshpande, learned counsel for Respondents 2 and 3.

2. By this revision, appellant-State of Maharashtra takes exception to the order dated 17th December, 2005 passed by the 4th Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.74/03 discharging the respondents for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

3. In nutshell, the facts relevant for disposal of the Revision Application are as under:

The respondents who are police officers were working at Police Station, Nandgaon, District: Amravati in August, 1996. It is the case of the prosecution that one Vinayak Gangaram Sable was illegally arrested and brought into the Police Station and he was mercilessly beaten by the respondents with the help of kicks, blows, sticks and by butt of rifle.

On account of multiple injuries suffered by Vinayak he died. The respondents registered accidental death of the deceased. Pursuant to report lodged by the wife and brother of the deceased with the Superintendent of Police, Amravati the First Informatio