JUDGMENT :

ANIRUDDHA BOSE, J.

The appellant (Mallappa) was charged with having committed fratricide, murder of his brother Earappa, little beyond the midnight hours of 19th-20th April 1999. His son, Veeresh was the co-accused. The Trial Court acquitted both of them from the charges under Section 302 read with Section 34 of the Indian Penal Code (the Code, in short). In appeal against the judgment of acquittal by the State of Karnataka, the High Court of Karnataka set aside the decision of the Trial Court in relation to Mallappa and convicted him of the offence punishable under Section 302 of the Code. Sentence of life imprisonment was awarded against him. The present appeal is by Mallappa against the judgment of conviction and order of sentence passed on 11th June 2008. The prosecution case, which was accepted by the High Court, was that the appellant (described as A1 and his son Veerappa as A2 in the trial) had assaulted the deceased Earappa with a club while the latter was sleeping in the “angala” (frontyard) of his house in Sidrampur village, Taluk Sindhanur within the State of Karnataka.

2. There was previous dispute between the appellant and the deceased victim over certain immov