C.K. ABDUL REHIM, J.

1. The above appeal was preferred by the sole accused in SC No. 114/2009 on the files of the Additional Sessions Court-II, Mavelikkara. The appellant stands convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,50,000/-; and in default to undergo simple imprisonment for a period of 2 years. The court below ordered that the fine amount if realized, an amount of Rs. 1,00,000/- shall be paid to PW4, mother of the deceased, by way of compensation under Section 357 (1) (b) Cr.P.C.

2. Prosecution case is that on 24-07-2004 at about 7.30 a.m. the appellant, due to enmity with the deceased, who is the brother of the appellant's father, for the reason that the deceased had done some mischief to the appellant's mother and also due to some property disputes existed, with the intention of causing his death, had attacked the deceased in front of a double storied building bearing No. II/340 of Chennithala-Thripperumnthura Panchayat situated on the eastern side of Mannar-Valiaperumpuzha public road. The appellant had beaten the deceased with a 'Velippathal' (wooden stick) on his 'nasal bridge