ORDER 1. Leave granted. 2. We have heard learned counsels for the parties. 3. Notice was issued limited to the quantum of sentence. The appellant has been convicted for the offence punishable under Section 304 Part II of the Indian Penal Code. The appellant is 49 years of age and from the factual matrix emerging from the record, it is noticed that the incident in question happened on the spur of the moment and was not a premeditated assault with intention to murder the deceased. Besides, there is no other criminal case against the appellant and that he is the only bread earner in his family consisting of wife and children. 4. Taking overall view of the matter, we accede to the request of the appellant to reduce the sentence period to five years. 5. The appeal is partly allowed to the extent indicated above while maintaining the conviction.