GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 Sec. 374(2) Cr.P.C., the conviction entered and sentence passed against him under Sec. 294(b) and Sec. 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 Sec. 304 IPC.

(3.) When the accused was produced before the court below, he was served with the copies of all the prosecution records. As the accused was unable to engage a defence lawyer, legal assistance was provided by engaging a defence lawyer who represented the accused in the proceedings before the court below. On 08/12/2005 the court below framed a charge under Sec. 294(b) and Sec. 304 Part II IPC, which was read over and explained to the accused, to which he pleaded not guilty. The prosecution examined PWs.1 to 12 and got marked Exts.P1 to P10 and M.Os.1 to 3 in support of their case. CWs.3 and 4, the occurrence witnesses; CWs.7 and 8, the children of the deceased and attestors to the inquest report; CWs.9 and 10, the persons who took the deceased to the hospital ; CWs.11 to 15 who are stated to have come to the scene on hearing about the incident and had seen the deceased being taken to the hospital ; CWs.16 and 17 attestors to the inquest report ; CW18 an attestor to the scene mahazar and CW24, a doctor of District Hospital, Kottayam, who is stated to have treated the deceased for heart ailment and issued treatment certificate, are seen given up by the prosecution.