JUDGMENT

Appellants are accused Nos.1 to 4 in S.C. No.160/2006 on the file of the Third Additional Sessions Judge (ADHOC), Fast Track court-I, Thrissur. The above case is charge sheeted by the Sub Inspector of Police, Kunnamkulam police station against the appellants and one another, alleging offences punishable under Sections 452 , 324, 109 and 308 r/w. Section

34 of IPC and Section 27 of the Arms Act, 1959 .

2. Accused No.5 in the case absconded. Hence case against the 5th accused is split up. The trial court framed charges against accused Nos.1 to 4 and after trial convicted and sentenced them. Against the conviction and sentence, the accused Nos.1 to 4 preferred this appeal.

3. Prosecution case is that, the fifth accused, out of his enmity towards PW8, abetted the accused persons 1 to 4, who are goondas, for the commission of the offence of committing culpable homicide on PW8, not amounting to murder by entering into the house of PW8 having made preparation for causing hurt to PW8. In consequence of the abetment of the 5th accused, the accused persons 1 to 4 who were armed with deadly weapons, namely, iron pipes and swords, in furtherance of their common intention, barged into