The appellants herein challenge the conviction and sentence against them under Section 323 IPC in S.C. No.263 of 2009 of the Court of Session, Kollam. Pending this appeal, the 2nd appellant died. Her death was recorded in the proceedings on production of a copy of the death certificate. Charge against the 2nd accused thus abated pending the appeal.

2. The three accused faced prosecution before the trial court under Sections 323 and 304 r/w Section 34 of the IPC on the allegation of assault made by them on one Devarajan. The deceased 2nd appellant is the direct sister of the said Devarajan. The 1st appellant is the husband of deceased 2nd appellant, and the 3rd appellant is the son.

3. The alleged incident happened on 26.01.2007 at about 3.00 pm at the Tharavadu property of the accused and the deceased. There was pending civil disputes between them at that time, concerning the properties including the Tharavadu property, wherein the alleged incident occurred.

4. The prosecution case is that, when deceased Devarajan attempted to pluck a tender coconut from one of the coconut tress, the deceased 2nd appellant pulled him down. As a result of this, he fell down and collapsed. The