J U D G M E N T

Heard Sri. A.H.Bhagavan, learned counsel for the appellants and Smt. Soumya R., learned HCGP for respondent-

State.

2. The appellants have filed this appeal under Section

374 (2) of Cr.P.C. praying to set aside the judgment of conviction and order on sentence passed by I Addl. District and Sessions Judge, Mandya in S.C.No.56/2013 dated 09.10.2014, wherein the Sessions Court convicted accused Nos.1 to 3 for the offences punishable under Sections 447, 504, 341, 323, 307, 324 and 506 read with 34 of I.P.C.

3. The case of the prosecution in brief is as under:-

On 30.06.2012, PW.1 Manjegowda along with his brother's son Mahesha (PW.4) had been to his coconut garden in order to pluck the coconuts at Pittekoppalu village in Sy.No.98/P-P1 in between 1.30 p.m. and 2.00 p.m., they saw accused Nos.1 to 3 who were loading sand in a small stream, which is abutting to the bund of the coconut garden of the complainant and hence, PW.1 objected accused No.1 in drawing sand from their bund as it may cause damage to their coconut garden, consequent to which, accused Nos.1 to 3 trespassed to the land of PW.1 with an intention to eliminate him, took quarrel, abused in filthy language and intentionally insulted and provoked his breach of peace, while accused Nos.2 and 3 caught hold of PW.1 tightly and squeezed his hand, accused No.1 brought an axe from his tractor and tried to assault on his head and when PW.1 bent his neck, the blow fell on the left eyebrow and accused No.1 also bit the left hand finger and again tried to assault PW.1 with a sickle in order to eliminate him. When PW-1 was struggling to escape from the clutches of accused, PW.4 (Mahesha) came to his help, intervened and pacified the quarrel. Thereafter, accused Nos.1 to 3 threatened PW.1 by showing a sickle and made criminal intimidation to eliminate him. Later, PW.1 was shifted to Adichunchanagiri hospital for treatment, where he lodged the complaint as per Ex.P1. On the basis of compliant, Ex.P7- FIR was registered. This led to the investigation.

4. After filing of the charge sheet, the trial Court took cognizance, framed charges against the accused for the offences punishable under Sections 447, 341, 504, 323, 324, 307 and 506 r/w 34 IPC.

5. The prosecution in order to prove its case examined in all 10 witnesses as PW.1 to PW.10 and got marked 13 documents as per Ex.P-1 to P13 and marked 2 material objects as per MOs.1 and 2. For the defence, Ex.D-1 and D-2 photographs were marked. At the conclusion of the trial, the trial Court recorded the statements of the accused persons under Section 313 of Cr.P.C. The case of accused Nos.1 to 3 was of total denial.

6. Assessing the evidence of PW.1 to PW.10, the trial Court convicted accused Nos.1 to 3 for the aforesaid offences and imposed sentence as under.

Accused No.1 to 3 hereby sentenced to pay a fine of Rs.500/- each in default S.I. for 10 days of the offence punishable U/Sec. 447 R/w 34 of I.P.C. and they are further sentenced to pay a fine of Rs.2,000/- each in default S.I. for Three months of the offence punishable U/Sec. 504 R/w 34 of I.P.C. and they are further sentenced to pay a fine of Rs.500/- each in default S.I. for 10 days of the offence punishable U/Sec. 341 R/w 34 of I.P.C. and they are further sentenced to pay a fine Rs.1,000/- each in default S.I. for one month of the offence punishable U/Sec. 323 R/w 34 of I.P.C. and they are sentenced to undergo simple Imprisonment for five years and to pay a fine of Rs. 10,000/- each in default for six months of the offence punishable U/Sec. 307 R/w 34 of I.P.C. and they are further sentenced to under go simple Imprisonment of one year and to pay a fine of Rs.5,000/- each in default S.I. for four months of the offence punishable U/Sec. 324 R/w 34 of I.P.C. and they are further sentenced to pay a fine of Rs.5,000/- each in default S.I. for Four months of the offence punishable U/Sec. 506 R/w 34 of I.P.C.

7. Aggrieved by the judgment of conviction and order on sentence passed