This is an appeal by the State of Gujarat against the acquittals of the three respondents by the City Magistrate, 5th Court, Ahmedabad, in Criminal Case No. 2020 of 1962. The State has now come in appeal and prays that the acquittals of these three persons should be set aside.

2. The appeal is filed under Section 417, Criminal Pro. Code, which provides that the State Government may direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court. Section 419, Cri. P.C. provides that every appeal shall be made in the form of a petition. As there were three accused persons at the trial and all of them are acquitted, the question is whether there are three orders of acquittal or whether there is one order of acquittal. If two persons P and Q are jointly tried at one trial, one may be convicted and the other acquitted in which case there is one order of conviction and one order of acquittal in the same judgement against either of which an appeal can be filed. If both are convicted there are two orders of conviction. If both are acquitted there are two orders of acquittal. If both are