Moidu, J.—The appellant has been convicted and sentenced to life imprisonment under section 302 of the Indian Penal Code, to three months’ rigorous imprisonment under section 323. Indian Penal Code, and to four years’ rigorous imprisonment under section 326, Indian Penal Code. The conviction under section 302 was for causing the murder of one Joseph by the appellant stabbing him with M.O. 1 dagger and the conviction under section 323, Indian Penal Code, was for beating Joseph with his hands at about 7-30 p.m. on 18th April, 1972. The conviction under section 326, Indian Penal Code, was for causing grievous hurt to P.W.1 by stabbing him with M.O. 1 dagger at the same time and place. The sentences are to run concurrently.

2. The prosecution story was narrated as follows: Some dispute existed originally between P.W.5, a brother of deceased Joseph on the one hand, and P.W.7 a brother of the appellant’s brother in-law on the other, with regard to a transaction in paddy seeds. That dispute developed into enmity between the respective families of the appellant and deceased Joseph. While so a wordy altercation took place on the date of the incident near one Koomanthodu bridge between P.W.1

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