COMMON JUDGMENT

These are appeals filed under Section 374(2) of the Code of Criminal Procedure. Third accused in S.C.No.1872 of 2004 on the file of the Additional Sessions Court, Fast Track III, Thiruvananthapuram (originally arrayed as the 4th accused) has preferred Crl.Appeal No.944 of 2006. Similarly, the second accused (who originally arrayed as the 3rd accused) in the above case has preferred Crl.Appeal No.812 of 2006. The respondent herein is the State of Kerala.

2. Heard the learned counsel for the appellants as well as the learned Public Prosecutor representing the State of Kerala.

3. Summary of the prosecution case shorn off unnecessary details is as under:-

The prosecution case is that on 15.03.2000 at about 3.30 p.m., 15 persons, after concealing deadly weapons like chopper, iron rod etc., reached at Priyadarshini hall at Fort, where abkari auction of toddy shops was conducted. Thereafter, the accused, after sharing common intention, wrongly restrained the defaco complainant and assaulted him by using chopper and iron rod with intention to do away the defaco complainant.

4. On the above allegation, FIR was registered by Fort Police as Crime No.91 of 2000 alleging commission o