ORDER : This appeal is directed against the judgment and order dated 28th June, 2007 whereby Criminal Appeal No.1825 of 2005 arisen out of conviction of the appellant recorded under Section 302 IPC by the V Additional Sessions Judge, West Godavari District, Eluru in Sessions Case No.326 of 2001, is dismissed. 2. Prosecution story in brief is that on 06.01.2000, the appellant was taking Accused No.2 Kanaka Durga on a bicycle towards Galayagudem at about 8 p.m. The deceased Nagabhushanam stopped the two as they were not married. This resulted in heated exchange of words between the appellant and the deceased and the appellant took coconut cutting knife (M.O.2) from bicycle and gave blows on the person of the deceased. Nagabhushanam died of injuries suffered by him. Before his death, he made dying declaration to the Pws-1, 2, 3, 4, 7 and 8. PW-1 lodged the First Information Report, on the basis of which Crime No.2 of 2000 was registered and after investigation charge-sheet was filed against the appellant and co-accused Kanaka Durga for their trial in respect of the offences punishable under Section 302/34 IPC. 3. The Trial Court on conclusion of the trial convicted the appellant and acquitted the co-accused. The High Court dismissed the appeal of the appellant and affirmed his conviction and sentence recorded by the trial court. 4. Learned counsel for the appellant argued before us that from the evidence on record, it is clear that there was a sudden fight in the heat of passion between the appellant and the deceased and the culpable homicide, even if taken to be proved, does not constitute the commission of murder and is covered under Exception 4 of Section 300 of IPC. Exception 4 of Section 300 of IPC reads as follows: "Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner. Explanation.-It is immaterial in such cases the provocation or commits the first assault." 5. It is stated that the appellant is in jail since 08.08.2005. 6. Explanation.-It is immaterial in such cases the provocation or commits the first assault." 5. It is stated that the appellant is in jail since 08.08.2005. 6. Having considered the evidence on record and in the facts and circumstances of the case, we are satisfied that the present case is covered by Exception 4 of Section 300 IPC as there was no pre-meditation and in a sudden fight in a heat of passion upon a sudden quarrel, the appellant has acted in the manner narrated above. As such, the offence committed by the appellant is covered under Section 304 Part I IPC, and not under Section 302 IPC. As such, we acquit the appellant from the charge of Section 302 IPC and modify his conviction under Section 304 Part I and sentence to rigorous imprisonment for a period of ten years, which he has already undergone. 7. With the above modification of conviction and sentence, this appeal stands disposed of. The appellant shall be set at liberty, if not required in any other case.