The appellant who was charged of an offence under Section 302, Indian Penal Code, but convicted under Section 304, Part II, Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of three years, has preferred this criminal appeal, challenging the abovesaid conviction and sentence passed by the learned Sessions Judge, Kanyakumari in Sessions Case No. 2 of 1974 on his file.

2. The case of the prosecution is as follows : The deceased, Savariaradimai, had two sons viz., Chelliah and Augustin. Chelliah's son is one Anjalees, who is examined as P.W. 1. The deceased was doing business in tamarind. P.W. 1 was assisting and helping the deceased in his trade. So, the deceased used to give him a share in the profits. This was resented by the second son of the deceased, Augustin. On account of this, there was enmity between P.W. 1 and Savariaradimai on the one side and Augustin on the other side. It is the case of the prosecution that Augustin, with a view to wreak vengeance on his father, induced his friend, the present appellant, to assault his father. It may be noted here that Augustin was himself originally arraigned as the second accused in this case for