JUDGMENT

M. R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.03.2017 passed by the High Court of Calcutta in Criminal Appeal No. 8 of 2013, by which the High Court has dismissed the said appeal preferred by the appellant­accused and affirmed the conviction of the accused for the offence punishable under Section 302 of the Indian Penal Code (for short ‘the IPC’), the convicted accused has preferred the present appeal.

2. At the outset, it is required to be noted that this Court issued limited notice in the present appeal so as to consider whether the case would fall under Section 304 IPC.

3. Learned Counsel appearing on behalf of the accused has vehemently submitted that there was no intention on the part of the accused to cause the very injury which ultimately led to the death of the deceased.

3.1 It is further submitted by the learned Counsel appearing on behalf of the appellant that there was a single injury inflicted on the deceased after some altercation. It is submitted that there was no premeditation or intention to kill. It is submitted that even the accused did not bring any weapon/lathi and on the spur of the moment and during the alt