The accused thereby companymitted offences punishable under Sections 302 and 324 read with Section 34 IPC.
The prosecution version as unfolded during trial was as follows The accused who are closely related to each other were harbouring extreme enmity towards Ashraf PW 5 and his youger brother Abdul Samad hereinafter referred to as deceaed .
When PW5 intervended to rescue the deceased, Musthafa A4 inflicted a cut injury on PW5 with M.O.2 chopper, A2 inflicted a stab injury on Shuhra Beevi PW1 with M.O.1 knife and Manzoor A3 assaulted PW5 using his hands.
A2 number only stabbed the deceased but also inflicted injuries on PW1.
The deceased succumbed to the injuries and injured PW5 was admitted in the hospital.
Manzoor A3 assaulted the deceased.
On 18.9.1994 at or about 1.50 P.M. at Kulasekharapuram in Adinadu Village, Punnakulam Muri and to the South of Puthentheruvu junction near the eastern boundary of the paramba of Laila, the sister of PW5 and the deceased accused in furtherance of their companymon intension to voluntarily cause hurt to the aforesaid brothers with dangerous weapons attacked them.
The allegations against them were as follows Shajahan A1 had caught hold the legs of the deceased facilitating A2 for stabbing him.
Musthafa A4 assaulted the deceased with the chopper and also caused injury on PW 5.
A1 pulled the deceased by catching hold of his legs, Nujum A2 stabbed him with M.O.1 knife, A4 cut him with M.O.2 chopper.
ARIJIT PASAYAT, J. Leave granted.
The appellants call into question the legality of the judgment rendered by a Division Bench of the Kerala High Court while partially altering the companyviction of Nujum Appellant number2 who is, hereinafter referred to for the sake of companyvenience as A2 and maintaining the companyviction of Shajahan appellant number1 for short A1 , Manzoor A3 and Musthafa Appellant No.4 for short A 4 under Section 323 read with Section 34 IPC.
