JUDGMENT

Manindra Mohan Shrivastava, J.

The aforesaid three appeals have been filed by the State assailing legality and validity of common judgment dated 19.4.2001 passed by learned lower appellate Court in three criminal appeal i.e. CRA No.195, CRA No.196 and CRA No.197 of 2000 filed by accused Dr.C.P. Agre, Rajkumar Upadhyay and Bali by which, the order of conviction passed by learned trial Court against the aforesaid accused has been set aside and all the accused acquitted of the charges by giving them benefit of doubt.

2. According to prosecution case, on 24.11.1992, at about 11:00 AM in the morning, respondent-accused C.P. Agre, Rajkumar, Bali and other accused assaulted Madhodas (PW2) and Dhannamal (PW2) with the help of axe, pick axe and other assaulting weapons, in which incident, these two victims sustained fracture injury on vital parts of their body. Upon report lodged by Parmanand (PW1), FIR was registered, investigation carried out and charge sheet was filed. Before the trial Court, prosecution examined two injured eyewitnesses namely Madhodas(PW2) and Dhannamal(PW3) who supported the case of the prosecution by deposing that they were assaulted by respondents-accused