Alok Aradhe, J.

1. This Criminal Acquittal Appeal has been filed against the judgment dated 31.05.2006 passed by the trial court, by which the respondents have been acquitted of offence under sections 302, 109, 330, 342 and 193 RPC. It is pertinent to note here that during the pendency of the appeal, respondent Nos. 1 & 8 have expired, therefore, appeal insofar as it pertains to respondents 1& 8 is abated.

2. The prosecution story briefly stated is that prosecution witnesses, namely, Mangat Ram, Janki Nath, Som Nath, Devi Dass and some others were involved in the murder case of Iqbal Kasai and were charge sheeted before the Court. It is the case of the prosecution that respondents gave beating to the deceased Sher Singh in custody, due to which he succumbed to the injuries and expired. Thereafter, FIR was lodged and investigation commenced. After completion of the investigation, charge sheet was presented in the Court against the respondents for the offences as aforesaid. The trial Court vide order dated 11.08.1989 discharged the accused persons for the aforesaid offences. The State filed revision petition against order dated 11.08.1989 before this Court and this Court set