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 and 2 in S.C. No.98/2004 on the file of the Court of Session, Manjeri, challenge the conviction entered and sentence passed against them for the offences punishable under Sections 341 & 324 IPC .

2. The prosecution case as stated in the final report is as follows:

Accused nos.1 to 3 were in inimical terms with PW2 as the latter had beaten up accused no.3. Therefore, on 28/09/2003 at about 09:30 a.m., in furtherance of their common intention to retaliate the attack on A3 by PW2, while PW1 and PW2 were proceeding in their bicycles from Valluvangad to Oruvambram through Thampanangadi, accused nos.1 and 2 wrongfully restrained them by parking their autorickshaw bearing registration no.KL-10- K 5183 driven by accused no.2 across the road. Accused no.1 sprinkled chilli powder on the face of PWs 1 and 2, took out an iron rod kept