P.W.2 and their family members and as such, accused persons used to threaten the deceased and P.W.2 whenever they would see them on the road and in this background, on the intervening night of 27/28.6.2011 at about 1.00 a.m. at Anandan Compound, Frank & co., in Marikuppam Area, KGF, when the deceased Arun Kumar and P.W.2 were sleeping in a room on the first floor of the building, all the accused persons and the juvenile offender by name Moon Pillai @ Rajesh formed an unlawful assembly and hatched a plan to commit the murder of the deceased Arun Kumar and also P.W.2 - Vijay Babu @ Nayana; and as such, armed with deadly weapons like choppers, long choppers, gurka knife and size stones, went upstairs to the room of the family of P.W.2 in the building and by keeping accused No.6 - Louis @ Karthick as guard at the end of the staircase and juvenile as guard at the top of the staircase; remaining five accused persons went inside the room with size stones where the deceased and P.W.2 were sleeping, accused No.2 dropped the size stone on the head of the deceased-Arun Kumar, accused No.5 dropped the size stone on the head of P.W.2, accused Nos.1, 3 and 5 assaulted on the face of P.W.2 with chopper and accused No.4 assaulted forcibly with gurka chopper on the face of
