ORDER

1. This appeal has been filed at the instance of the accused against the concurrent orders of conviction under Section 302 IPC and a sentence of imprisonment for life and a fine of Rs.5000 and in default RI for two years.

2. The facts leading to this appeal are as under: the deceased, Mani, was the brother-in-law of PW 1, Raman and PW 2, Elumalai. The appellant, Kumaravel, owned a piece of land situated adjacent to the land belonging to PW s 1 and 2 and as they shared a common boundary, there was a dispute between them pertaining thereto. Mani who was married to the sister of PWs 1 and 2 stayed in the village of his in-laws and helped PWs in their agricultural operations. On 22-9-2001 water had collected in the fields on account of heavy rain and the appellant drained out the water from his field which flooded the land of PW s and destroyed their groundnut crop. On coming to know as to what had happened, PW 2 and his father, remonstrated with the appellant who in turn assaulted them. The animosity between PWs and their father on the one side, and the appellant on the other was thereby exacerbated.

3. On 30-9-2001 Mani went to Siruvathur to work as a daily wager and after returni