(1.) THIS appeal is by the accused against the judgment of conviction for an offence punishable under Section 324 read with 34 of IPC.
(2.) , The case of the prosecution is that the accused Nos.1 and 3 and accused Nos.2 and 4 are the brothers. PWs -1 to 3 are also brothers and PW -4 is the mother of PW1 to PW -3. All these accused and prosecution witnesses PWs -1 to 4 are residents of Tharikbyalu village in Hassan District. The father of accused Nos.1 and 3 was murdered. In the said murder case, PWs -1 to 3 and their father were the accused. PWs -1 to 3 were on bail, on one of the condition that they would mark their attendance before Yesalur police station once in a week. On 19.11.1999. for the first time. PWs -1 to 3 had gone to the police station to mark their attendance. After marking their attendance, they were returning to village at about 5 p.m. When they reached the coffee estate of C.C. Farm House at Tharikbyalu village, accused Nos.1 to 4 came at once and assaulted PWs -1 to 3. Accused Nos.1 and 4 assaulted with the chopper and accused Nos.2 and 3 assaulted with culbs. When PWs -1 to 3 screamed for help, PWs -4, 6 and 8 came to the spot.
(3.) ACCUSED were tried for an offence punishable under Section 307 of IPC read with Section 34 of IPC.