JUDGMENT :

C.S. SUDHA, J.

In this appeal filed under Section 374(2) Cr.P.C, the appellants who are the accused in S.C.No.30/2004 on the file of the Sessions Court, Manjeri, challenge the conviction entered and sentence passed against them for the offences punishable under Sections 341, 323, 326 and 308 read with Section 34 IPC.

2. The prosecution case, as revealed from the final report filed by PW8, the Investigating Officer, is – the accused two in number, due to their enmity towards PWs. 1 and 5 and in furtherance of their common intention of assaulting and causing injuries to the latter, on 31/12/2002 at 10:30 p.m., wrongfully restrained them and voluntarily caused hurt by beating the witnesses with their hands. The 1st accused with a sharp weapon cut PW1 on both his shoulders and hip, causing grievous hurt on his left shoulder, thereby attempting to commit the offence of culpable homicide not amounting to murder. In the incident, PW5 sustained simple hurt. Hence as per the final report, the accused are alleged to have committed the offences punishable under Sections 341, 323, 324 and 308 read with Section 34 IPC.

3. Ext.P1 First Information Statement of PW1 was recorded by PW8, the