JANARTHANAM, J.

The appellant was the accused in S.C. No. 149 of 1985 on the file of the Court of Session West Thanjavur Division at Thanjavur. He was found guilty for an offence under section 302 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life. Aggrieved by the said conviction and sentence, the present action has been resorted to by the appellant-accused.

2. Brief facts are :-

a. Accused and PW 1 are brothers. They are residents of Alankottai Village, situate within the jurisdictional limits of Paravakottai Police Station. They inherited certain ancestral properties, subsequent to the death of their father.

b. Some five years prior to the occurrence, which event happened on 18-7-1985, PW 1, in order to the out his livelihood, migrated from the Village and settled down at Madras. He was transacting business in peas and his brother the accused was looking after the ancestral properties.

c. Three years prior to the occurrence, PW 1, got married. His father-in-law was one Thangaraj (since deceased). PW 1 was said to have purchased a field going by the name Ulleri Vayal, from out of his earnings. Some five to six months prior to the occu