JUDGMENT

Balagangadharan Nair, J. - Appellant Sudhakaran alias Aniyan Kunju aged 24 was accused 1 in Sessions Case No. 22 of 1981 before the Sessions Judge, Kottayam. He has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life.

Accused 2 who was prosecuted with him has been acquitted.

2. The prosecution case is as follows. The deceased Thomas, his wife P.W. 1 and children P.W. 2 and Beena were residing in the Chettiyath House marked 2 in the plan Ext. P-6. To the north west of this house is the house of accused No.2, marked 1. Accused 1 who is the cousin of the 2nd accused's wife also resided with him to look after his affairs as the 2nd accused was mostly away being employed in the railway. On the southern side of the compound of the 2nd accused is a public pathway running east to west. It touches the compound of one Rajan P. W. 30 the west. From the public pathway there is a foot-path leading to the house of accused 2. The relationship between Thomas and accused 2 was not happy as Thomas spread a story that accused 2 had committed theft of coffee-beans from the land of one Namboodiri, a neighbour. On 18-8-1980 at about 6-45 p.m. Thomas left h