(Criminal Appeal preferred under Section 374 Cr.P.C., as against the judgment of conviction and sentence dated 26.4.1999, rendered in Sessions Case No.21 of 1999 by the learned Additional Sessions Judge, Nagapattinam.)

The appellants, as accused, faced the trial in Sessions Case No.21 of 1999 on the file of the Additional Sessions Court, Nagapattinam, for the alleged offence under Section 307 IPC, whereas they were found guilty only under Section 326 IPC and sentenced each of them to undergo Rigorous Imprisonment for four years and to pay a fine of Rs.5000/= each in default to undergo further rigorous imprisonment for two months, which is impugned in this appeal by all.

2. On 11.10.1997, at about 2.15 a.m. (Night hours), according to the prosecution, all the accused, aiming the life of one Gopalakrishnan, assaulted him with patta knives, thereby caused multiple injuries and the acts of the accused should come within the meaning of Section 307 IPC. Thus alleging, a final report came to be filed, followed by committal, then at the satisfaction of the learned Sessions Judge, framing charges, questioning the accused, on their refusal to plead guilty, resulting trial, ending i