T. Sudanthiram, J.

The appellant herein who is the accused No. 1 in S.C. No. 77 of 2003, on the file of the Additional Sessions Judge (FTC-III), Dharapuram, stands convicted for an offence under Sections 302, 506(ii) read with 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default to undergo one year rigorous imprisonment. Aggrieved by the said conviction and sentence, the appellant had preferred this appeal.

2. The case of the prosecution in brief is that the deceased is the father of P.W.1 and husband of P.W.4. The deceased Murugasamy Gounder and the (second accused in this case Kandasamy are brothers. The first accused/appellant herein is the son of the second accused and third accused is the wife of the second accused. The deceased family and the accused family were living in the adjacent fields and they were owning their respective lands. There was a dispute with regard to the common path-way. Once while P.W.1 walked on the common pathway, he was assaulted by the firsts accused and a case was filed against him and a fine was imposed. Subsequently, a civil case was, also filed in which the Judgment was given in favour of the acc