Judgment

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the judgment dated 30.11.2011 passed by the High Court of Karantaka, Circuit Bench at Dharwad in Criminal Appeal No.515/2010 modifying the conviction of the appellants from Section 307 IPC read with Section 34 IPC to Section 326 IPC read with Section 34 IPC reducing the sentence of imprisonment from three years to three months and confirming the conviction under Section 427 IPC read with Section 34 IPC, thereby reducing the sentence of imprisonment imposed on each of the accused from six months to three months further directing the sentences to run concurrently and imposing a fine of Rs. 10,000/-.

3. The appellants and the complainant-Vishveshwar Parameshwar Hegde (PW-1) are the real brothers and are children of Smt. Bharati (PW-8). Due to quarrel with the appellants, PW-1 voluntarily left the parental house and started living separately. On 23.12.2001, complainant– Visheshwar Parameshwar Hegde (PW-1) along with four persons viz., PW-2 Chandru V. Bhat, PW-3 Kiran R. Bhat, PW-4 Chandranath V. Bhat, and PW-5 Madhukar L. Hegde came in a Maruti car to his parental house in order to remove the almirah and his other person