KADER J.

Fifty-year old Baby alias Varghese, the appellant herein, has been convicted and sentenced to imprisonment for life under Section 302 I.P.C. for the murder of Abraham, his brother-in-law (sister's husband) by stabbing him with M.O. I. dagger. The occurrence took place on the pathway running east to west leading to the river situated near the house of the appellant and was at about 8 p.m. on April 5, 1979.

2. Leela, sister of the appellant was married to Abraham, the deceased. Abraham was ill-treating Leela and making her life miserable. On account of this, the appellant was inimically disposed towards Abraham. Thomas (P.W. 4), brother of Abraham, who was residing at Otakkayam in the neighbouring District had come for a short visit to the house of his brother and was there on the date of occurrence. Some time prior to the occurrence, Skaria (P.W. 1) who is residing near the house of Abraham paid a visit to the house of Abraham to meet PW. 4 knowing that he had come there. Abraham who was there in the house, told PW. 1 that PW. 4 had gone out and would return only late in the night and also offered to accompany P.W. 1 to the house of Kunju where P.W. 4 had gone.