JUDGMENT :

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Code).

2. The appellants are accused Nos.1 to 5 in S.C.No.2136 of 2008 on the files of the Sessions Court, Thiruvananthapuram. They were convicted as per judgment dated 03.03.2015 for the offences punishable under Sections 143, 147, 148, 308, 323 and 447 read with Section 149 of the Indian Penal Code, 1860 (IPC). They were sentenced to undergo various terms of imprisonment and also fine.

3. The incident occurred on 21.11.2004. It was at about 9.45 a.m. PW1 is the victim. He was washing his motorcycle at the courtyard of his house bearing door No.TC- 98/1082 situated in Thirumala Village. Accused persons, seven in number, after forming themselves into an unlawful assembly, criminally trespassed into that courtyard carrying deadly weapons. The 1^st accused beat PW1 using an iron rod. Accused Nos.2 to 7 struck and hit PW1 using bamboo sticks. He sustained injuries at various parts of his body. They did so out of previous enmity and in prosecution of their common object of committing culpable homicide.

4. On the said accusation, a charge for the offences punishable under Section 143, 147, 148, 3