JUDGMENT

Santosh Hegde, J.-The two appellants herein who were accused Nos. 1 and 2 before the IIIrd Additional Sessions Judge, Ernakulam, are in appeal before us in this appeal filed under Section 379 of the Code of Criminal Procedure. The appeal is filed against the judgment of the High Court of Kerala at Ernakulam made in Criminal Appeal No. 41 of 1995. In the said judgment, the High Court reversed the judgment of the learned Sessions Judge and convicted the appellants herein of offences punishable under Sections 302, 323 and 324 read with 34 IPC and awarded a sentence of imprisonment for life as also on the charge for an offence under Section 302. A sentence of RI for one year for offences punishable under sections 323 and 324 read with Section 34 IPC was awarded in addition to the sentence already imposed under Section 302 IPC. The co-accused namely Ummer son of Kochunni who stood convicted under Sections 323 and 324 read with 34 and sentenced to undergo RI for one year by the impugned judgment of the High Court has preferred the connected SLP which will be taken up for consideration separately.

2. The case of the prosecution as presented to the trial court is that in an altercat