Gopal Krishan Vyas, J.

The above D.B. Cr. Leave to Appeal No. 280/2015 has been filed by the State of Rajasthan and the D.B. Cr. Appeal No. 642/2015 has been filed by the complainants-appellants Gajendra Singh and Samundra Singh against the judgment dated 27.5.2015 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta in Sessions Case NO.74/2006 (2/2006) by which the learned trial court acquitted the respondents from the charges levelled under Section 452, 302/34 and 323/34 IPC.

2. Both the aforesaid matters are being decided by this common judgment.

3. As per brief facts of the case on 5.10.2006 at about 6.00 pm PW - 1 Samandar Singh appeared before the SHO Police Station, Padukallan and submitted written report (Ex.P/1) in which it was alleged that on 26.9.2006 at about 7-7.30 pm his uncle Mohan Singh along with other family members were sitting in their residential house, at that time, respondents Kailash Singh, Arjun Singh, Bhagwan Singh @ Bhagwan Kailash and 3 other persons having Lathi and sharp edged weapon Gandasa in their hand entered in the house with a common intention to kill his uncle Madan Singh. In the house they gave beatings to M