K.N. KESHAVANARAYANA, J.—This appeal by the two accused persons in S.C. No. 532/2003 before the Fast Track Court-VIII, Bangalore City, is directed against the judgment of conviction and order of sentence dated 18.2.2005 passed in the said case convicting them for the offence punishable under Section 394 of IPC and sentencing them to undergo Rigorous Imprisonment for three years and to pay fine of Rs. 5,000/- each for the said offence.

2. The case of the prosecution in brief was, at about 6.00 a.m. on 8.8.2000, P.W. 1-K.Nagabhushan, resident of B.K. Nagar, 1st ‘D’ Main Road, 15th Cross, Yeshwanthpur, Bangalore, went to the terrace of his two storied building and after finishing regular morning exercise and shaving, when he was about to come down to the house, the two appellants came there, put a rope around his neck and tried to strangulate him and started forcibly taking him down the staircase, however, on account of slipping on the steps, he relieved himself from the pressure of strangulation and screamed for help. On hearing his screaming sounds, his wife-Yashodamma (P.W. 2) and daughter-Priyanka (P.W. 3) came there and on seeing P.W. 2 wearing gold chain and ear-rings, Ac