JUDGMENT :

N. Anil Kumar, J.

1. This appeal is directed against the judgment dated 28.7.2016 in S.C. No. 454/2009 passed by the Additional Sessions Judge-II, Thiruvananthapuram whereby the learned Sessions Judge convicted and sentenced accused Nos. 1 and 2 to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 10,000/- each and in default to undergo rigorous imprisonment for three months more for the offence punishable under Section 304 Part II of the Indian Penal Code (hereinafter referred to as the IPC).

2. The prosecution case in brief is as hereunder:-

On 04.03.2007 at 10.15 pm, out of prior enmity, accused 1 and 2 in furtherance of their common intention had assaulted the deceased on the road side in front of the house of the deceased with MOs. 1 and 3 choppers and MOs. 2 and 4 wooden sticks, causing serious injuries including head injury. Immediately after the occurrence, his parents came to the scene of occurrence on hearing the hue and cry of the deceased. The injured was taken to their house and later in the morning at 5 am., he was taken to the hospital where he was declared brought dead. It is alleged that A1 and A2 inflicted serious injuries on the