( 1 ) THIS case arising from the complaint of inhuman torture in police custody for three days from 7. 10. 1976 and allegations of offences under sections 34, 114,331, 336, 337, 334, 346, 348, 352, 355 and 365 of the Indian Penal Code, 1870 (the IPC for short) is dragged on this far through more than seven legal proceedings, inter alia, on the plea of protection of section 197 of the Code of Criminal Procedure (the Cr. P. C. for short ). Even as the complainant lives on as an invalid septuagenarian, one of the four accused persons is stated to have already passed away. The present revisionists-accused persons are an erstwhile Assistant Superintendent of Police and a Police Sub Inspector. The common refrain ingenuously agitated in different proceedings, successfully staving off trial for the alleged offences for a quarter of a century, is as to whether the alleged offences were committed while acting or purporting to act in discharge of the official duty of the accused.

( 2 ) BEFORE addressing the aforesaid main issue, the background of facts and the progress of the case may be recounted. On 2. 11. 1976 was registered the Criminal Case No. 2/76 on a private complai