JUDGMENT

In this appeal filed under Section 374(2) Cr.P.C., the appellants who are accused no.1 and 2 in S.C.No.230 of 2009 on the file of the Court of Session, Manjeri, challenge the conviction entered and sentence passed against them for the offence punishable under Section 324 read with Section 34 IPC.

2. The prosecution case is that on 12/04/2008 at about

09:00 a.m., while PW1 was engaged in plucking coconuts from the property situated at Perunthallur, owned by his grandfather, along with Ayyappan; PW2 Madhavan and Shanmughan @ Kuttan, both the accused persons arrived at the property on a motorcycle. The first accused (A1) shouted at PW1 and the second accused (A2), the son of the first accused hacked PW1 with a knife which was warded off by PW1 with his left hand. A1 hacked him with a chopper, which was also blocked by PW1 in the like manner. A2 again with a knife stabbed on his back. Due to the attack, PW1 fell down and then both the accused persons inflicted cut injuries on his head and leg. Hence, as per the final report, the accused were alleged to have committed the offences punishable under Section 323 and 308 read with Section

34 IPC.

3. Crime No.390/2008, that is, Ext.P6 F