S. Nagamuthu, J.

The appellant is the sole accused in SC.No.55/2010 on the file of the learned Additional District and Sessions Judge, Erode [Bhavani]. He stood charged for the offence under section 302 IPC. By judgment dated 30.10.2013, the Trial Court convicted him for the offence under section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 25,000/-, in default, to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

2. The case of the prosecution, in brief, is as follows:-

(A) The deceased in this case, was one Mr. Venkitusamy. The appellant is the elder brother of the deceased. The ancestral properties were partitioned among themselves and they were doing agriculture separately in their respective lands. On account of taking water to the respective lands, there were some disputes between the accused and the deceased. This resulted in an enmity between them. The deceased, on few occasions, intimidated the accused and warned him not to live in the village and vacate the village.

(B) On 16.02.2009, at about 17.30 p.m., it is alleged that the deceased came to the house of the accused and quarreled with him and directed him to vacate the village and go elsewhere. This is stated to be the motive for the occurrence.

(C) It is further alleged that on 16.02.2009 at about 19.30 hrs the deceased was proceeding in his Hero Honda Splendour motorcycle. At Alakkattupudur, the accused intercepted him and attacked him with a wooden log. The deceased fell down along with the motorcycle. When the accused repeatedly attacked, the wooden log got broken. Therefore, the accused took out a wooden reaper found near the place of occurrence and repeatedly attacked the deceased until he died on the spot. Then the accused ran away from the scene of occurrence, abandoning the dead body of the deceased and the motorcycle.

(D) P.W.1 is the wife of the deceased and she knows about the dispute between the accused and the deceased. On 16.02.2009, at about 18.30 hrs, the deceased came to the house of the father of P.W.1. He remained there till 19.30 hrs and thereafter, the deceased went away in his motorcycle informing P.W.1 that he was proceeding to his field. Then, at 20.15 hrs., one Palanisamy informed the father of P.W.1 that the deceased was found lying with serious injuries along with the motorcycle near the field belonging to the deceased. Immediately, P.Ws.1 and 2 rush to the place of occurrence and found the deceased in a pool of blood. He was dead. His motorcycle was also lying there. The wooden log and the wooden reaper with blood stains were also lying by the side of the body. P.W.1 suspected that her husband would been have done to death only by the accused. Therefore, she immediately rush to Bhavani Police Station and made a complaint under Ex.P.1 on 16.02.2009 at 23.00 hrs. against three persons, namely, the appellant, one Manian and one Raju.

(E) P.W.11, the then Sub Inspector of Police attached to Bhavani Police Station, received the said complaint and registered a case in Cr.No.144/2009 under section 302 IPC. Ex.P.1 is the complaint and Ex.P.18 is the FIR. He forwarded both the documents to the Court concerned at 08.30 hrs on 17.02.2009 and also to his higher officials.

(F) P.W.12, the then Inspector of Police, took up the case for investigation. He proceeded to the scene of occurrence at about 01.15 hrs on 17.02.2009 and prepared the Observation Mahazar [Ex.P.2] in the presence of P.Ws.6 and 7 and also prepared a Rough Sketch [Ex.P.14]. He also summoned the services of P.W.10-photographer to take photographs at the place of occurrence. He recovered blood stained earth [M.O.1] and sample earth [M.O.2] ; blood-stained chappals [M.O.3] ; blood stained wooden log [M.O.4] ; blood-stained wooden reaper [M.O.5] ; Motorcycle bearing Registration No.TN-36-F-5619 [M.O.6] ; broken glass pieces [M.O.7] and swab of blood taken