JUDGEMENT

1. Leave granted.

3. It appears from the materials on record that the appellant herein and his father were put on trial in the Court of the Additional Sessions Judge, Namakkal in Sessions Case No.

10,000/- and in default of payment of the amount of fine, further rigorous imprisonment of one year. The co-accused i.e. father of the appellant herein came to be acquitted by the Trial Court.

5. At the outset, Mr. S. Nagamuthu, the learned senior counsel appearing for the appellant herein, submitted that he is not pressing this appeal on merits. He submitted that his only endeavour is to persuade this Court to alter the conviction of the appellant from the offence punishable under Section 304 Part I of the IPC to Section 304 Part II of the IPC and reduce the sentence accordingly.

6. It appears from the evidence on record that the appellant is an agriculturist. He owns agriculture land in a village by name Sirukinathupalayam situated in Tamil Nadu. The deceased namely Balasubramaniam was also an agriculturist and had his own agr