JUDGMENT :

SUDHANSHU DHULIA, J.

1. Both the above appeals arise out of the judgment and order dated 08.08.2007 passed by the Rajasthan High Court in Criminal Appeal No.976 of 2002, whereby all the accused who stood convicted by the Trial Court for the offences under Sections 302, 307, 323, 324, 325, 447, 147 /148 read with Section 149 of Indian Penal Code, were acquitted for the major offences under Sections 302 and 307, and were convicted only for the offences under Sections 147, 148, 323, 324, 325/149. Their sentences were also reduced to the period already undergone by them, which roughly varied from two to five years.

2. The complainant as well as the State have approached this Court by way of the above two appeals, which were admitted and leave was granted on 26.09.2008.

3. We have heard learned counsel for the appellant, Dr. Charu Mathur for the victims and Dr. Manish Singhvi, learned senior advocate for State of Rajasthan respectively, as well as senior advocate Mr. Ramakrishan Veeraraghavan on behalf of the accused-respondents.

4. An FIR was lodged on 22.05.2001 at about 3.00 PM by complainant-Birbal Nath at Police Station, Pachori, District Nagaur, Rajasthan which disclosed tha