JUDGMENT :

K.N. Phaneendra, J.

1. The appellants are the accused persons in Sessions Case No.98/2008 on the file of II Addl. Sessions Judge, Gulbarga have preferred this appeal against the judgment of conviction and sentence passed in the said case vide judgment dated 02.09.2011, wherein the accused persons were convicted for the offence under Section 307 R/w Section 34 of IPC and sentenced them to undergo imprisonment for life.

2. The brief factual matrix of the case are that, on 28.06.2007 in the evening at about 6.00 p.m., the PW1 by name Kalyani S/o Lakkappa R/o Chincholi has tethered a he-buffalo near his house and fed the he-buffalo with grass and water etc. At that time, the accused No.2 came to that particular spot and started abusing the complainant calling him as bustard and why he has tethered the said he buffalo near his house. By saying so he asked accused No.1 to bring an axe from the house. Accordingly, accused No.1 brought one axe from the house and that time accused No.3 and 4 also came to the spot. It is further alleged that, accused No.1 with the help of the axe from its hind portion assaulted PW1 due to which he sustained injuries. Accused No.2 assaulted with a clu