Abdul Gafoor, J.

The father and his two sons were the accused persons in Crime No.358/1996 of Chalakudy Police Station. The younger among the sons was Juvenile. Accordingly, the appellants, the father and the elder son were tried by the Sessions Court. Both of them have been charged for the offence punishable under Section 302, 324 and 326 I.P.C. read with Section 34 I.P.C. The prosecution case was that at about 6.30 A.M. on 19.10.1996, they along with his younger son, pelted stone on the house of one Velandi. Velandi came out. The accused persons who were residing just the opposite side of the road separating the residence of the both, attacked with M.O.1 stick and beat on his head. PWs.1 to 4 and one Sandhya, the daughter of Velandi came out in succession. The accused persons, beat them as well. They also sustained injuries. All of them except PW.3 were taken to the hospital. At the hospital, it was found that Velandi was deed. The others were given treatment including the stitching of the wounds. There is a dispute as to whether they have been hospitalized or not. PW.1, brother of the deceased Velandi gave Ext.P1 F.I. Statement to PW.10 who registered the crime. P.W.9