1. The appellants, who are accused in S.C.217 of 2003 on the file of the Additional Sessions Judge, Kottayam (Fast Track)-II, challenge the judgment of conviction under Section 308 and 326 I.P.C. and 324 I.P.C. The 1st appellant was sentenced to rigorous imprisonment for four years each u/s.308 & 326 I.P.C. and to pay a fine of Rs.4,000/- each in default, simple imprisonment for two months each. The 2nd appellant was sentenced to rigorous imprisonment for two years and to pay fine of Rs.1,000/- u/s.324 I.P.C., in default simple imprisonment for one month. Being aggrieved by that judgment, the first and second accused preferred this appeal.

2. The prosecution case is that on 5.1.2003 at 9.30 pm, the accused with the common intention of committing culpable homicide voluntarily caused grievous hurt, the first accused stabbed PW2 with MO1 knife, the second and third accused pelted stones towards PW2, first accused again stabbed PW1, PW3 and PW4 with MO1, as a result, PW2 sustained injury on his chest, PW3 sustained injury on the right shoulder, abdomen and right cheek, PW4 sustained injury on the right abdomen, left wrist and on head, the third accused hit on the head of PW5,