JUDGMENT

Rajiv Sharma, J.—Since the common questions of law and facts are involved in both these appeals, the same have been taken up together and decided by this common judgment.

2. These appeals are directed against the judgment and order dated 16.3.2011 rendered by the Additional Sessions Judge/Second FTC, Haridwar in Sessions Trial No.286/99, whereby the accused-respondents, namely, Naresh, Suresh, Ashish @ Shesh Raj and Rajendra, who were tried with and charged u/s 307/34, 323/34, 324/34 and 504 IPC, were acquitted by the Trial Court.

3. Criminal Appeal No.91 of 2011 has been filed by Jasveer Singh and Tej Singh while the State has filed the Government Appeal No.42 of 2011.

4. Case of the prosecution, in a nutshell, is that PW4 Jasveer Singh has lodged the FIR on 27.05.1998 at 2:40 PM with the averments that on 26.05.1998 at 6 PM, his brother Tej Singh and nephew Pradeep @ Titu were working in the sugarcane field. In the meantime, accused Naresh, Suresh, Ashish and Rajendra came on the spot. They were armed with Tabal, iron rod, stick and axe. They attacked the brother and nephew of complainant due to which victims received grievous injuries. On hearing the noise, Jasveer Sing