J.B. Koshy, J.

1. A 60 year old Agriculturist called Kesavan was murdered on 26/04/2004 at about 7.30 p.m. and accused who is his brother in law was convicted for offence punishable under S.302 of the Indian Penal Code. The deceased Kesavan is the husband of PW 4 Nachikutty, sister of the accused. The paddy fields of the accused is lying adjoining to the paddy field of Nachikutty and is lying in a higher level. Water for cultivation in the paddy fields of the wife of the deceased has to be taken through the field of the accused and there has been disputes between the accused and deceased with regard to the diversion of water for cultivation. On 26/04/2004 at about 7.30 p.m. when the deceased Kesavan and PW 1 Sivaswamy Gaundar were walking through Kanakkampara Themparamada road, the accused stopped the deceased and made an attempt to stab him with MO 1 knife. The deceased prevented the same and ran away from there. The accused followed him and again stopped him, stabbed at his chest, neck and left hand with MO 1 knife and thereby inflicted injuries on the body of the deceased. The deceased succumbed to the injuries.

2. PW 1 is a neighbour who knows the accused and deceased wel