JUDGMENT :

(Johnson John, J.) :

This appeal is filed by the accused in S.C. No. 85 of 2006 on the file of the Additional sessions Judge, Adhoc-I, Kottayam challenging the conviction and sentence imposed on him for the offences under Sections 450 and 304 of IPC.

2. The prosecution case is that on 11.01.2005, at about 7 p.m., the accused trespassed into house bearing No. IV/127 of Neezhoor Panchayat, owned by the deceased and with the knowledge that the deceased is a heart patient, he hit on his nose and when the deceased fell down, the accused kicked on his chest and even though the deceased was taken to the Medical College Hospital, Kottayam at about 10 a.m., on 12.01.2005, he suffered chest pain and died due to occlusive coronary artery disease and the accused is thereby alleged to have committed the aforesaid offences.

3. After the appearance of the accused before the trial court and when he pleaded not guilty to the charge, PWs 1 to 11 were examined and Exhibits P1 to P9 and MO1 were marked from the side of the prosecution. From the side of the defence, DW1 examined.

4. After hearing both sides and considering the oral and documentary evidence on record, the learned Additional Se