JUDGMENT :

N.V. RAMANA, J.

1. The present appeal is directed against the Judgment dated 06.01.2010 passed by the Madurai Bench of the Madras High Court whereby the appellant accused’s appeal was partly allowed and his conviction under Section 302, IPC was modified into one under Section 304 Part II, IPC and sentence was reduced to 5 years’ rigorous imprisonment along with fine. The conviction and sentence imposed upon the appellant under Section 324, IPC was confirmed by the High Court and both the sentences were ordered to run concurrently.

2. The facts necessary for the disposal of the appeal are as follows: the brother of the complainant allegedly had an illicit relationship with the daughter of accused no. 4, which resulted in enmity between the two families. On 26.01.2002, the accused persons allegedly came in front of the house of the complainant and a fight took place between the two groups. The present appellant attacked the complainant with an iron rod, while the other 3 accused allegedly attacked other members of the family with sticks. The deceased, on hearing the noise, attempted to intervene, and was attacked by the present appellant on the head with the iron rod, which u