Judgement

K. JAYACHANDRA REDDY, J.:- These two appeals, one filed by P.W. 1 Miran Bux and the other filed by the State respectively, are against the judgment of the High Court of Rajasthan setting aside the convictions and sentences awarded against the respondents accused.

2. Seven respondents-accused were tried for the offences punishable under Sections 302/149, 147 and 148 IPC. The trial court convicted all of them and sentenced each of them to undergo imprisonment for life and various other terms of imprisonment for other offences. The convicted accused preferred an appeal to the High Court. The High Court after a detailed discussion and consideration of the evidence of the alleged eyewitnesses held that the same is not trustworthy and accordingly allowed the appeal setting aside the convictions and sentences. As against the said judgment, the complainant as well as the State have preferred these two appeals.

3. The prosecution case is that one Manzoor Ahmed gave a report to the police on 8th November, 1983 stating that while he and his cousin were working in his meat shop and when the deceased Nazruddin was sitting there at about 8 P.M. the accused armed with Iron rods and hockey-