JUDGMENT

The appellants were the accused in S.C.No.1385 of 2008 on the files of the Additional Sessions Court-IV, Thrissur. They have been found guilty for the offence under Section s 341 , 324 and 307 r/w Section 34 of the Indian Penal Code, 1860 (for short, IPC ) and have been sentenced to undergo rigorous imprisonment for varying periods with a maximum of five years under Section 307 r/w Section 34 . The appellants have, in this appeal, challenged the conviction and sentence imposed on them.

2. The prosecution alleges that on 18.11.2006, at around 8.30 p.m., the accused had, in furtherance of their common intention to murder PW4, trespassed into his house and attacked him. While the second accused restrained PW4, the first accused stabbed him with a knife on different parts of his body and when PW2 the son of PW4 tried to intervene, he was also stabbed. The prosecution further alleged that the injured were immediately shifted to a hospital and after a few days of treatment, they survived the attack and hence the accused were charged with the offences including the attempt to murder.

3. Sri. R.Rajit, the learned counsel for the appellants contended that the prosecution had misera