H.S.BHALLA, J.

1. This appeal is the outcome of the acquittal order dated 16-12-1998 passed by the Court of Additional Sessions Judge, Hisar by virtue of which respondents were acquitted of the charges framed against them under Sections 148, 307 read with 149 of the Indian Penal Code. The operative part of the order of acquittal dated 16-12-1998 runs as under :

"In these circumstances, the prosecution has failed to prove that on 10-1-96 in the area of Talwandi Badshahpur all the accused were members of an unlawful assembly and in prosecution of the common object of the aforesaid unlawful assembly Hanuman and Duli Chand (now deceased) fired at PWs Krishan, Prem and Surta from their licenced DBBL .12 bore gun and caused injury to Krishan with such intention or knowledge and under such circumstances, that if by that act they had caused the death of PWs Krishan, Prem and Surta they would have been guilty of committing murder. So the prosecution has failed to prove the charges levelled against them. Therefore, I acquit the accused. File be consigned to the records."

2. Aggrieved against this order, the State of Haryana has knocked the door of this Court and has prayed that the j