Ms. R. MALA, J.

This appeal arises out of the Judgment in S.C. No. 34 of 2007 dated 30.10.2007 convicting the appellant/accused under Sections 302 and 201 IPC and sentencing him to undergo life imprisonment and RI for 3 years and also imposing fine.

2. Briefly stated case of prosecution is as follows:- Both deceased Vellaisamy and accused Muthaiah are brothers. PW3- is the wife of deceased. PW1- is their son. Deceased Vellaisamy and accused owned 2.50 acres of land along with pump set on the eastern side of Krishnankovil-Madurai main road. Accused allegedly having grudge that a larger extent was allotted to Vellaisamy in the partition.

3. Deceased has harvested onion in his field and the harvested onion was kept in the field. On the night of 26.8.2006 - 9.00 p.m., deceased Vellaisamy went to the field for watching over the harvested onion kept in the field. On 27.8.2006, Vijayalakshmi, daughter of accused had fixed date to go to new house () for which Vijayalakshmi had arranged for light and mike set.

4. On the night of 26.8.2006, because of light, PW1 could not sleep well. On the wee hours of 27.8.2006 - 2. A.M., PW1 woke up and saw his junior paternal uncle (accused) taking d