B.V. PINTO, J.—This appeal has been filed by the appellant-accused in S.C. No. 85/01 challenging the judgment dated 29.10.2004 passed by the Fast Track Court III, Tumkur, convicting the appellants of the offence under Sections 447 IPC and sentencing them to pay a fine of Rs. 500/- each, and further imposing a fine of Rs. 500/- each for offence under Section 341 IPC and further convicting them for offence under Section 323 IPC and sentencing them to pay a fine of Rs. 500/- each and further convicting them for offence under Section 324 IPC and sentencing to them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 15,000/- each, with default clauses.

2. The case of the prosecution is that on 30.6.2000 at, about 9 a.m. within the limits of Dandinashivara Police Station, accused 2 and 3 alongwith the deceased A1 in furtherance of their common intention committed criminal trespass by entering into their land bearing Sy. No. 24/1 of Kolghatta village belonging to C.W. 1 M. Shivabasappa and thereby they are alleged to have committed an offence of criminal trespass under Section 447 read with 34 IPC.

3. It is further alleged that on the said date, time and place, in