Order By Court:Heard the parties on merits. 2.Mr. Dilip Kr. Prasad, learned counsel appearing for the appellant, submitted that at best, the appellant could have been convicted under section 304 Part-II IPC, but he has been convicted under section 302 IPC. 3.Counsel for the State supported the judgment of conviction and sentence. 4.It appears that on the occasion of 'Karma Puja', the appellant fell on the body of the deceased Madho Oraon @ Lauda Oraon, who happened to his nephew, on which altercation took place between them and during such altercation, the appellant assaulted the deceased on the back portion of his head by back portion of 'kudal'. It is further alleged that the appellant again assaulted him in the similar manner due to which, he became senseless. He was taken to RIMS for treatment where he succumbed to his injuries. 5.It appears from the medical evidence that one lacerated wound was found on the head of the deceased which was the cause of his death, as per the opinion of the doctor. 6.In the circumstances, we accept the submission of Mr. Prasad that the case fall under Exception-4 of section 300 IPC. There was no premeditation and occurrence took place during sudden quarrel and there is nothing to show that the appellant took undue advantage and acted in a cruel or unusual manner. 7.In the result, conviction under section 302 IPC is altered into conviction under section 304 Part-II IPC. So far as the period of sentence is concerned, it is stated that the appellant is in jail for 7 and ½ years. Accordingly, the period of sentence is modified to the period already undergone by the appellant in jail. With this modification in conviction and sentence, this appeal is partly allowed. Since the appellant is in jail, he is directed to be released forthwith, if not wanted in any other case. I.A. No. 856/2011 also stand disposed of.