JUDGMENT :

The appellant, the accused in S.C.No.220/2005 on the file of the Additional Sessions Court, Ad hoc-1, Kottayam, challenges in this appeal filed under Section 374(2) Cr.P.C., the conviction entered and sentence passed against him under Section 294(b) and Section 304 Part II IPC.

2. The prosecution case as revealed from the final report is as follows :

The accused with the knowledge that the deceased, namely, Kuttappan @ Achayan, aged 60 years, is a chronic cardiac patient, on 27/06/2004 at 5.30 p.m. in the pathway situated in Udayagiri Colony, Alamparappu, Koovappalli Village, abused him by calling him obscene words and pushed him down, as a result of which Kuttappan suffered a cardiac arrest. Kuttappan breathed his last while being taken to the Government Hospital, Kanjirappalli. Hence the accused is alleged to have committed the offence punishable under Section 304 IPC.

2.1. Ext.P1 FIS of PW1 was recorded on the same day at 7.45 p.m. by PW10, the then Assistant Sub Inspector, Kanjirappalli Police Station. On the basis of Ext.P1 FIS, Ext.P1(a) FIR, that is, Crime No.201/2004 of the aforesaid Station, was registered on the same day under Section 174 Cr.P.C. for unnatural d