JUDGMENT

G.Girish, J.

Warring over water is not new to our world with flare-ups going back to Mesopotamia in 2500 B.C, Assyria in 720 B.C, China in 101 B.C and Egypt in 48 B.C. It is said that water could be the main cause of World War III. Here is a case where the fight between two septuagenarian men over water resulted in the loss of life of one, and life imprisonment for the other.

2. The appeal arise out of the judgment dated 31.01.2018 in S.C.No.714/2016 of the Additional Sessions Court-II, North Paravur which convicted and sentenced the appellant/accused under section 302 I.P.C to undergo life imprisonment and fine Rs.1,00,000/-. A default clause for rigorous imprisonment for one year for non-payment of fine was also provided thereunder.

3. The appellant and the deceased were neighbours who had garden lands cultivated with nutmegs. The Chalakkudy Irrigation Canal existed in the east-west direction at the further north of the bund road on the north of their properties. From the aforesaid irrigation canal, a drainage (aqueduct) was constructed beneath the bund road towards the south which culminated in a water channel existing in the east-west direction on the southern side of the