J U D G M E N T

In this appeal filed under Section 374(2) Cr.P.C ., the appellants who are accused nos. 1 to 3 in S.C.No.48/2013 on the file of the Court of Session, Thodupuzha challenge the conviction entered and sentence passed against them for the offences punishable under Sections 341 , 323 , 326 and 452 read with Section 34 IPC .

2. The prosecution case is that on 30/06/2012 at 04:30 p.m the accused persons in furtherance of their common intention criminally trespassed into the shop room of PW1 situated in Ward No.III, Kumily Grama Panchayat and abused him by calling obscene words. The first accused with a chopper tried to hack PW1 which was warded off by the latter. The second accused wrongfully restrained PW1 and hit him on his back causing pain. The third accused with a reaper beat PW1 on his head causing hurt as well as grievous hurt. The accused persons attacked PW1 with the knowledge that by their act even death could be caused. Hence, the accused persons as per the final report were alleged to have committed the offences punishable under Sections 452 , 294(b) , 341 , 323 , 326 and 308 read with Section 34 IPC .

3. Crime no.626/2012, Kumily Police Station, that is, Ext.P5