JUDGMENT

 Leave granted.

The only part of the prosecution story which is necessary to be reproduced here for the purpose of this order is that the deceased, Rangan alias Dasarangan was a deaf person on 16-1-1984 at about 10 p.m. he came to the house of one Palaniswamy [PW-2] and asked for "Pongal" and Palaniswamys wife, Mani gave "Pongal" to him. After eating the "Pongal", Rangan started singing songs in front of the house of PW-2. At that time accused No. 1, viz., the present appellant and accused No. 2 came there and admonished Rangan for creating noise by singing and asked him to run away from the place. But the deaf Rangan continued to sing. The appellant lost his temper and took a wooden reaper and beat Rangan on his head and back. The other accused fisted Rangan with his hand on his face, chest and back. Rangan fell down after receiving the blows and became unconscious. The beating by the wooden reaper was so hard that it broke. It is only when one Rama Devan [PW-3] intervened that the appellant and the other accused stopped beating Rangan Maran Muthamal, widow of Rangan who was informed of the assault came along with her younger son, Veerasamy to the scene of the incident and saw the deceased, Rangan lying in front of the house of Palaniswamy [PW-2]. When Maran [PW-1] was asking Palaniswamy [PW-2] about the occurrence, he told her that it was the appellant and the other accused who had assaulted Rangan. Upon this the appellant threatened Maran [PW-1] and asked her to take Rangan away and also warned her not to tell about the incident to anybody else and that if she did so, her house would be set on fire. Thereafter, the appellant and the other accused left the scene. On the next morning, PW- 1 and her elder son Palaniswamy took Rangan to CMC Hospital, Coimbatore in unconscious condition, and treatment was given to Rangan in the hospital; but he continued to be in unconscious condition. Rangan ultimately expired in the evening of 24-1-1984.

2. It appears further that feeling remorse for what they had done, the appellant and the other accused tried to commit suicide by drinking poison on 19-1-1984 at "Pretty Lodge, Pollachi". They were also admitted to Government hospital, Pollachi.

3. The appellant and the other accused were charged for the offence under Section 302 read with Section 34 of the Indian Penal Code [IPC for short] for killing Rangan; under Section 506, IPC for criminally intimidating Maran [PW-1] and under Section 309, IPC for attempting to commit suicide. The trial Court convicted them under Section 302 read with Section 34, IPC and sentenced each of them to suffer life imprisonment. The court also convicted the appellant under Section 506 [latter part], IPC and sentenced him to suffer rigorous imprisonment for three years. The court further convicted both the accused under Section 309, IPC and sentenced each of them to suffer rigorous imprisonment for six months. The court acquitted accused No. 2 of the offence under Section 506, IPC.

4. In appeal filed by the accused, the High Court, by the impugned judgment dated 14-6-1991, set aside the conviction of both the accused under Section 302 read with Section 34, IPC and instead convicted the appellant under Section 304 [Part II], IPC and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 3,000/-. The Court convicted the other accused under Section 323, IPC and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. The Court further set aside the conviction and sentence of both the accused under Section 506 [Part II], IPC. The Court also convicted both the accused under Section 309, IPC and sentenced each of them to suffer simple imprisonment, instead of rigorous imprisonment, for six months. The Court further directed that out of the fine amount, if collected, Rs. 3,000/- be paid to PW-1, widow of the deceased, Maran. The substantive sentences were directed to run concurrently.

5. The other