JUDGMENT

Jobin Sebastian, J.

The sole accused in S.C. No.894/2017 on the file of the Sessions Court, Kozhikode, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against him for the offences punishable under Sections 324 and 302 of the Indian Penal Code .

2. The prosecution case in brief is as follows:

The accused and the deceased Subair were brothers, residing together in their ancestral house bearing No.IX/2015 of Valayam Grama Panchayath. Prior to the incident, the deceased had purchased a pair of goats. But a dog attacked and killed one of the said goats, and the other sustained injuries. Following the said incident, on 03.05.2017, the deceased tied the injured goat in the verandah of the house to save it from the dogs' attack. The accused, who disliked the same, on the same day, at about 7 p.m. questioned the deceased, which resulted in a sudden quarrel between them. During the quarrel, the accused went inside the house, took a knife, placed it in his loin and came back to the courtyard of the house. On seeing this, the deceased took a rafter. Then the accused snatched the rafter from the deceased and beat him on the head. Thereaft