JUDGMENT :

Ziyad Rahman A.A., J.

The appellant is the accused in S.C. No. 803/2014 on the file of the Court of Additional Sessions Judge-III, Thalasserry, who stands convicted for the offence under Section 302 of Indian Penal Code (I.P.C). He is accused of committing murder of his own brother, in front of their mother.

2. Payyavoor Police registered Crime No. 33/2014 against the appellant and after investigation, they filed a charge sheet before the Judicial First Class Magistrate’s Court, Thaliparamba. After completing the formalities, it was committed to the Sessions Court, wherein it was tried and it resulted in the impugned judgment convicting the appellant and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5000/-. The appellant /accused was arrested on the next day of the incident, i.e on is 21/01/2014 and he is in judicial detention since then. The prosecution case in detail is as follows;

The appellant and deceased are brothers and they were residing in nearby houses. Smt. Neithy @ Annamma, is the sister of their mother and she is the owner of a rubber plantation having an extent of ¾ Acre. As she was working at Kottayam, she entrusted

the management of t