JUDGMENT

NAVIN SINHA, J.

The State as appellant assails the acquittal of the three respondents by the High Court, reversing their conviction under Sections 302/149, 307/149, 147, 148 and 452 of the Indian Penal Code ordered by the Trial Court.

2. The assault took place on 10.01.2002 at about 4.30 PM. Two persons Mahendra Singh and Lokesh, who were father and son respectively, have been deceased. PW1, Smt. Mahendri, wife of deceased Mahendra Singh, is an injured eye witness. PW3, the wife of deceased Lokesh is also an eye witness. Five persons were originally accused. One of the accused Satyendra @ Mintoo was deceased during the course of the trial. The three respondents were armed with spade, iron rod and country-made pistol respectively. The injuries found on the deceased and the injured PW1 are as follows:

Injuries of deceased Mahendra:

(i) Multiple incised wounds of various sizes 18 cm x 4.5 cm x bone deep and 6 cm x 2 cm x bone deep on the back of left and right side of head, back of head and fresh blood was oozing from the head. The cleavage of the wound was clean out.

(ii) Multiple incised wounds 16 cm x 5 cm. The depth of the wound cannot be said. There was fresh bleeding from