SHAH ALAM, Malaysia: A 29-year-old parking attendant lost his life after a misunderstanding over a game of carrom.

T. Vivien James, a disabled friend M. Krishnan, 44, and some other friends were playing the game when an argument broke out.

Krishnan and one of the others were involved in a heated exchange and Vivien James tried to stop them.

In the melee, Vivien was stabbed on his chest with a sharp object and he died.

Krishnan was subsequently charged with his murder.

Yesterday, however, High Court judge Datuk Mohd Zaki Md Yasin reduced his charge to culpable homicide not amounting to murder and sentenced him to six years' jail.

He ordered the jail term to begin from the date of his arrest on June 9, 2005.

Mohd Zaki said the prosecution had failed to prove a prima facie case against Krishnan for murder, but established a case for culpable homicide not amounting to murder as he found the accused had no intention to kill Vivien.

"Whatever sentence the court gives you, it will never bring Vivien back to life.

"You are lucky that the charge was amended."

"I hope you will be more careful in future. Although the court sympathises with your condition, that does not give you the right to take another man's life."

When Mohd Zaki reduced the charge at the end of the prosecution's case, Krishnan pleaded guilty.

Krishnan, a lift operator, admitted to committing the offence at the corridor on the first floor of Block BF, Jalan Pandan Indah 5/20 in Pandan Indah, Ampang at 12.30am on June 9, 2005.

The offence carries a maximum sentence of 10 years' jail or fine or both.

In mitigation, his counsel D. Paramalingam pleaded for leniency saying Krishnan has a family to support.

"He has two daughters who will be getting married in October and March next year."

"The whole incident was an accident. He never meant to kill the victim."

DPP Muhamad Iskandar Ahmad pressed for a heavy sentence.

"Krishnan took the law into his own hands. No doubt there was an argument, but he did not have to resort to violence."

"This is not our culture. He could have resorted to other ways."

Muhamad Iskandar said it was very unfortunate for the victim who was just trying to calm Krishnan.

After proceedings, Krishnan said he was thankful that the court reduced the charge.

Asked if he was unhappy he would miss his daughters' weddings, he said: "I should be out by June next year (after remission for good behaviour).

"I hope they can postpone their weddings."