JUDGMENT

Navin Sinha, J.

Leave granted.

2. The appellant assails his conviction under Section 302 of the Indian Penal Code (in short, "IPC") and the consequent sentence of life imprisonment, upheld by the High Court.

3. Ms. Nanita Sharma, learned counsel for the appellant, submits that all the four witnesses are related to the deceased. The two independent witnesses were not examined. The serological report with regard to the blood group of the deceased matching that alleged to have been found on the lathi have not been established. The recovery of the lathi has not been properly proved. The deceased did not die immediately, but succumbed to the injuries in the hospital. The assault was at spur of the moment with no premeditation. The appellant had also suffered injuries.

4. Learned counsel for the State, Sri Sourav Roy opposing the appeal submits that the deceased was in possession of the field. The appellant was the aggressor. The deceased succumbed on the spot. The intention to cause death is apparent from the assault made on the head, a sensitive part of the human body. The appellant cannot urge to have acted in self defence as he was the aggressor. He relies on State of A.P. vs. S.