1. This appeal is preferred by the accused Nos.1 to 5 assailing the judgment of conviction passed by Additional District and Sessions Judge, Bidar in S.C. No.50/2009 dated 21.12.2011.

2. The case of the prosecution in nutshell as per the complaint are that, on 24.6.2008 at about 9:00 AM, accused by constituting an unlawful assembly by holding lethal weapons trespassed into the land bearing Sy.No.2 of Madnoor village belonging to the husband of the complainant. When they questioned about lifting of stones a Tractor, accused No.1 assaulted the husband of the complainant Sidram with a club on his left shoulder. Accused No.2 Nagendra assaulted him with an iron rod on left elbow. Accused No.3 Suryakanth assaulted him with a club on his thumb. Accused No.4 Pappu @ Premsagar assaulted him with an axe on his head. Accused No.5, Basavaraj assaulted Sidram with a club with an intention to take away the life of husband of the complainant. As a result of the said assault, he sustained injuries. When another wife of the complainant's husband tried to intervene and pacify the quarrel, accused Nos.6 to 8 assaulted with hands on shoulder, back and thereby caused simple injuries. Subsequently, they abused with filthy language and threatened with life. On the basis of the complaint, a case was registered in Crime No.122/2008. After investigation, the police filed the charge sheet.

3. After filing the charge sheet the committal Court on following the procedure laid down under Section 207 of Cr.P.C committed the case to the Sessions Court. The Sessions Court after taking the cognizance, secured the accused persons, after hearing them about the charge, charges came to be framed. Since, accused denied the charges and claimed to be tried, the trial was fixed.

4. In order to prove the case, the prosecution got examined P.Ws.1 to 13 and also got marked Exs.P-1 to 10 besides marking material objects at M.O. Nos.1 to 9. Thereafter, the statement of the accused were recorded under Section 313 of Cr. P.C. by putting the incriminating materials as against them, which they denied and they have not led any evidence on their behalf.

5. Thereafter on hearing the arguments of both the counsels, the impugned judgment came to be passed, where under accused Nos.1 to 5 were convicted under Sections 307, 323 and 324 of IPC. Assailing the said judgment and order, the accused Nos.1 to 5 are before this Court.

6. Heard the learned counsel for the appellants and the learned High Court Government Pleader on behalf of the State.

7. The learned counsel for the appellants would submit that, the impugned judgment is contrary to law and facts on record. He would further contended that the Court below has not properly appreciated the evidence on record and has come to a wrong conclusion. He would further contended that mandatory provisions of 313 of Cr.P.C is not followed and thereby it has caused prejudice and injustice to the appellants. It is further contended that the trial Court has not considered the counter compliant filed by the accused-appellants. The complainant only with an intention to take revenge has filed the false complaint against the accused-appellants as a counter blast for having filed the complaint by the accused-appellants. He would further contended that the wound certificate clearly goes to show that, the injuries are simple in nature and the accused was not having any intention to cause death and as such the trial Court ought not to have convicted the accused under Section 307 of IPC. He would further contended that the quarrel took place at a spur of moment and the complainant and other persons have assaulted the accused persons, even though there is no overt act on the part of the accused appellants, the trial Court ignoring the material evidence has wrongly convicted the accused-appellants. The complainant and his men have aggressed and assaulted, only with an intention to defend, the accused persons have resisted and at that time they have sust