JUDGMENT :

G.Girish, J.

The judgment dated 27.09.2017 of the Additional Sessions Court-I, Kottayam in S.C.No.116/2012 convicting and sentencing the sole accused for the commission of offence under Sections 449 and 302 I.P.C, is under challenge in this appeal. The appellant herein who faced trial in the said case, was awarded life imprisonment and fine Rs.50,000/- under Section 302 I.P.C and rigorous imprisonment for five years and a fine of Rs.10,000/- under Section 449 I.P.C.

Prosecution Case

2. The accused and the victim are neighbours. A pathway in front of the courtyard of the house of the victim, is the only way of access to the residence of the accused. The transit of the accused and the persons associated with him through the above pathway often gave rise to issues between the victim and the accused. The accused wanted to widen the above pathway into a cartable road, but the victim was not willing to surrender land for it. Due to the above grudge, the accused used to verbally abuse the victim and his wife and threaten them. On 23.02.2011 at about 2:15 p.m, the accused, as usual, parked his Maruti Omni Van at the road ending near the residence of the victim and walked through the