M. Sasidharan Nambiar, J.

1. Revision petitioners in Crl. R.P. 3539/2008 is the first accused and revision petitioners in Crl. R.P. 3718/2008 are accused 2 to 5 in SC 309/2007 on the file of Additional Sessions Court, (CBI/SPEII), Ernakulam. Revision Petitions are filed challenging the order passed by the learned Sessions Judge after hearing the prosecution and the defence under S.228 of Code of Criminal Procedure, framing charge for the offence under S.304 I.P.C.

2. Prosecution case is that first accused was working as Sub Inspector of Police, second accused as Head Constable and accused 3 to 5 as Constables of Alappuzha South Police Station during 1998 and in furtherance of their common intention they arrested deceased Thangal Kunju on 08.08.1998 and took him into custody from his residence and while he was in custody they voluntarily caused hurt to Thangal Kunju on his head and legs and also caused hurt to his wife Radhamani and grievous hurt to their son Binoj, by using lathi and hands and wrongfully confined deceased Thangal Kunju and inflicted the injuries which caused his death and thereby committed offences punishable under Ss.220, 323, 324, 325, 447, 451, 466, 304 and