VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Sole accused is the appellant. The police charge and court charge against him were under section 304 of the Indian Penal Code. But, he was convicted under section 304A and 323 of the Indian Penal Code. Sentences awarded are Rigorous Imprisonment for one year and three months respectively.

(2.) Deceased, aged 75, and the appellant were owners of adjacent paddy fields. They had some boundary dispute, which is the motive alleged. The case is that on 23-10-1987, at about 6-30 a.m., while the deceased was in the varamba, he was forcibly pushed by the appellant resulting in the former falling into the paddy field and having an instantaneous death. It is also alleged that the deceased was a heart patient and this fact, known to the appellant, accelerated the death.

(3.) P.Ws 1 and 2 are occurrence witnesses., They are the son and daughter-in-law of the deceased. Their evidence regarding motive and the incident was accepted by the Trial Court. I have no reason to disagree. The fact that the deceased had an instantaneous death is also proved by their evidence and the medical evidence of P.W.5 supported by Ext. P4 postmortem certificate issued by him. Medical evidence is that cause of death is heart attack. The doctor did not support the prosecution case that the push and fall accelerated death or heart attack. So also, the prosecution failed in establishing that the deceased was a heart patient or it was known to the appellant.