JUDGMENT

UNTWALIA, J.:— In the occurrence which took place at about 6.00 A. M. on the 23rd of July, 1967 in Village Ubboke one Ajit Singh was killed by a rifle shot fired by Birkha Singh- since dead. In the same occurrence was injured by rifle shot P. W. 5 Dalvinder Singh. Gajjan Singh the appellant in this appeal by special leave is said to have fired that shot. Birkha Singh was convicted by the trial Judge under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life. The appellant was convicted for the murder of Ajit Singh with the aid of Section 34 of the Penal Code and sentenced to life imprisonment. For attempting to murder Dalvinder Singh he was convicted under Section 307 of the Penal Code and sentenced to undergo rigorous imprisonment for 7 years. Birkha Singh died after his conviction and Gajjan Singhs convictions and sentences which were directed to run concurrently by the trial Judge have been maintained by the High Court of Punjab and Haryana.

2. No argument of any substance could be advanced on behalf of the appellant in so far as his conviction under Section 307 of the Penal Code is concerned. On having appreciated the prosecution case