JUDGMENT

Hanchate Sanjeevkumar, J. - The present appeal is preferred calling in question the judgment of conviction and order on sentence dated 16.03.2013 passed in Sessions Case No.130/2010 by IIAddl. Sessions Judge, Bijapur.

2. In a nutshell the facts of the case are as follows:

The PW.1/complainant is cousin of accused Nos.1 and 2/appellants and complainant/PW.1 is the brother of PW.5/injured. There was ancestral land, which is owned by the father of the accused and there was no partition in the family property. That on 10.06.2010 at about night 9:00 p.m. near the mutton shop of PW.9, situated near bus stand at Kakhandaki village, when PW.5/injured was there and therein accused Nos.1 and 2 have come on motorcycle and PW.5 had asked the accused for giving partition in the land thereby accused Nos.1 and 2 have got enraged themselves and abused PW.5 in filthy language and thrown him on the ground and in furtherance of common intention to commit murder of PW.5, accused No.1 took up a stone and assaulted on the head of PW.5 and accused No.2 kicked him to his testicles and thus caused grievous injuries and thus, attempted to commit the murder. Immediately after hearing the same, PW.1 w