JUDGMENT

In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the accused in SC.No.977 of 2009 on the file of the Court of Session, Thrissur, challenges the conviction entered and sentence passed against him for the offences punishable under Sections 323 , 324 and 326 read with Section 34 IPC .

2. As per the final report/charge sheet there were three accused persons involved in the crime. The case was taken on file as S.C.No.67 of 2006. The trial of the case started and when it reached the Section 313 Cr.P.C. stage, the accused herein, who was the third accused in the crime, absconded. Hence the case against the first and the second accused was proceeded with and they were found guilty of the offences punishable under Sections

323 and 324 read with Section 34 IPC and they were convicted and sentenced accordingly. The case against the third accused was split up and refiled as SC.No.977 of 2009. The third accused was arrested and produced before the trial court. Thereafter, the trial was completed and the impugned judgment passed. In this case, there is only one accused, that is, the third accused in the crime.

3. The prosecution case is that the accused herein (A3