The four accused persons in S.C. No. 34 of 2002 on the file of the Addl. District and Sessions Court (Adhoc) II, Kottayam, are the appellants in this appeal. The appellants challenge the conviction entered and the sentence passed against them for an offence under Sec. 451 read with Sec. 34 I.P.C.

2. The case of the prosecution can be summarized as follows:-

About 2 = years prior to the occurrence, for the purpose of widening the pathway leading to the house of the accused a laterite wall in the property of the 58 year old deceased Baby was demolished on the understanding that the accused would reconstruct the laterite wall within 2 = months. But, they postponed the construction of the laterite wall which was, however, constructed only after about 2 = years. Deceased Baby who was a retired Head Master was not happy with the new construction since it did not conform to the height of the previous laterite wall which was demolished. On 12-8-2001 at about 8 a. m. the 4 accused persons criminally trespassed upon the property of the deceased situated at Onamthuruthu near Kurumattoor Church and voluntarily caused hurt to the deceased by beating him on the face and other parts of the body and when the deceased stepped out to his courtyard the accused persons pushed him and assaulted him both from the courtyard as well as from outside the gate. Accused Nos. 2 and 4 had slapped the deceased on his face. Even though P.W.2 (Jollykutty) the wife of the deceased, Annamma (CW2) the mother of the deceased had implored the accused not to cause harm to the deceased who was a sickly person and who might succumb to the injuries, the accused persons did not pay any heed to the entreaties of P.W.2 and CW2 and on account of the hurt caused by the accused the deceased who was a heart patient slumped to the ground. Even though he was rushed to the hospital he succumbed to the shock and injuries at 9 a.m. on 12-8-2001 itself. The accused have thereby committed offences punishable under Sections 449 and 304 Part - II read with Sec. 34 I.P.C.

3. On the accused pleading not guilty to the charge framed against them by the court below for offences punishable under Sections 451 and 304 I.P.C. read with Sec. 34 I.P.C., the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 9 witnesses as PWs 1 to 9 and got marked 9 documents as Exts.P1 to P9 and a lungi and shirt as Mos 1 and 2.

4. After the close of the prosecution evidence, the accused were questioned under Sec. 313 (1) (b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. They filed a written statement to the following effect:-

On the date of occurrence the deceased and CW4 the Panchayath member had called the accused to the house of the deceased for a mediation talk. During the mediation talk the deceased lost his temper and asked accused Nos. 2 to 4 to go out of the room. The deceased forcibly pushed them from his sit-out till the gate. The deceased then got engaged in an altercation with them from outside the gate. They are innocent.

5. Since this was not a case of no evidence for the prosecution, the court below did not pass an order of acquittal under Section 232 Cr.P.C. The accused did not adduce any defence evidence when called upon to enter on their defence.

6. The learned Addl. Sessions Judge as per judgment dated 13-6-2003 acquitted the appellants of the offence punishable under Sec. 304 Part II I.P.C. but convicted them of offences punishable under Sections 323 and 451 I.P. C. For the conviction under Sec. 323 I.P.C. each of them was sentenced to rigorous imprisonment for six months and to pay fine of Rs. 750/- and on default to pay fine to undergo simple imprisonment for one month. For the conviction under Sec. 451 I.P.C. each of the appellants was sentenced to undergo rigorous imprisonment for one year an