JUDGMENT

 For an occurrence which took place on 4-5-1981 at about 10.30 p.m., the appellants were arrayed by the police and put up for trial in Sessions Case No. 97 of 1981 for offences under Ss. 302, 452 and 34, Indian Penal Code. In that occurrence, the appellants were alleged by the prosecution to have trespassed into the house of Chandran at Muttada and while appellant No. 1 inflicted Chop wounds on the hands and left leg of Chandran with a Chopper, the appellant No. 2 had flashed a torch light thus aiding the first appellant while the third appellant stood guard at the entrance of the house with an iron rod. The deceased Chandran, after the receipt of injuries, was removed to the hospital by his brother P.W. 1 in the taxi of P.W. 14 Gopakumar. Chandran succumbed to the injuries after being admitted in Ward No. 5 of the hospital during the night. The learned Sessions Judge after appraisal of the evidence and consideration of the material on the record, acquitted the appellants of a the charges by its judgment dated 25-6-1982. On an appeal by the State to the High Court, the judgment of acquittal was set aside and the appellants were convicted. The High Court convicted them for