JUDGMENT :

R.PONGIAPPAN, J.

The present appeal has been filed to set aside the conviction and sentence passed in S.C.No.19 of 2013 dated 31.07.2015, on the file of the learned III Additional District and Sessions Judge, Coimbatore.

2. The appellant is the sole accused. He stood charged for the offence under section 302 IPC. The accused denied the charge and opted for trial. Therefore, he was put on trial of the charge.

3. After full pledged trial, the learned III Additional District and Sessions Judge, Coimbatore, found the accused guilty of the offence under Section 302 IPC. Accordingly, the accused was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for three months. Challenging the conviction and sentence the accused is before this Court, by way of filing the present Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal.

(i) The accused and the deceased Mayilsamy were father and son. The accused is married and has a daughter. The deceased Mayilsamy, his wife, the accused, his wife and daughter were living under same roof. The accused was addicted to alcohol and he used to quarrel with his father demanding money for consuming alcohol.

(ii) On 01.04.2012, the accused and his father, the deceased Mayilsamy had an argument, when the accused demanded money for consuming alcohol. Enraged by this, the accused was asked by his father Mayilsamy to get out of the house along with his wife and the child. Further, the deceased Mayilsamy, told the accused that he will not spare even a single paise from his property to the accused. After this argument, at around 9.00pm on 01.04.2012, PW4 who is the wife of the accused called PW3, her father and wanted her father to come and fetch her and her daughter as she was not willing to live alone with accused.

(iii) PW3, came to her house at 6.00am on 02.04.2012 for taking PW4 to his house. As the deceased Mayilsamy had left for his coconut grove by that time, PW3 and PW4 went there to inform him before leaving. When PW3 and PW4 reached the coconut grove, they saw the accused chasing the deceased Mayilsamy with a spade (OTHER LANGUAGE) and hitting him on his head. According to PW3 and PW4, PW1 and PW2 were close by and they too saw the incident. Infact, PW1 and PW2 ran towards the scene of occurrence shouting at the accused. The accused, on seeing them, ran away from the scene of occurrence with the spade.

(iv) It is the case of the prosecution that criminal law was set in motion on a written complaint filed by PW1 with Kottur Police Station at 7.30 am on 02.04.2012. Ex.P1, is the signature of PW1. Immediately after the receipt of the complaint from PW1, Mr.P.Devakumar [PW10], the then Sub Inspector of Police, Kottur Police Station registered a case against the appellant/accused in Cr.No.80 of 2012. The printed FIR is marked as Ex.P17. After the registration of the FIR, a copy of it was sent to PW12-Mr.Subramani, who is the Inspector of Police, Analmalai Circle.

(v) On receipt of the copy of the FIR, PW12, rushed to the scene of occurrence and in the presence of PW5-Kadirvel and one Shivakumar, he prepared the observation mahazar under Ex.P2. He drew the rough sketch and the same was marked as Ex.P19. On the same day between 9.30 am and 10.30 am in the presence of same witnesses, he recovered the MO2 to MO4 under the cover of seizure mahazar Ex.P3. Thereafter, in the presence of panchayatars and witnesses, he prepared the inquest report over the deadbody and the inquest report was marked as Ex.P20. After the completion of above formalities, through PW8-Mr.Prabhu, PW12 sent the dead body of Mayilsamy, to Government Hospital, Pollachi for postmortem. He also submitted an application under Ex.P9 for conducting postmortem.

(vi) On receipt of such requisition, PW7-Dr.Suresh D.Joseph, on 02.04.2012 at about 2.20 pm while he was on