Judgment

P. N. BHAGWATI, J.- This appeal by special leave is limited only to the question as to the nature of the offence committed by the appellant and the proper sentence to be imposed on him. The offence in this case was committed on 21st October, 1960 and it was after about 14 years that the appellant was prosecuted for this offence. The learned Sessions Judge, before whom the appellant was tried, convicted him of the offence under S.307 of IPC because the shot which was fired by he appellant hit the victim Ambalal in the middle of the left upper arm which would be only a few inches away from the vital part of the body, namely, the heart. And for this offence the learned Sessions Judge sentenced him to suffer rigorous imprisonment for five years. The appellant preferred an appeal but the High Court, agreeing with the learned Sessions Judge, confirmed the conviction and sentence recorded against the appellant. Hence the present appeal preferred by the appellant, which, as we stated above, is restricted only to the nature of the offence and the sentence to be imposed on the appellant.

2. We have no doubt that the appellant was rightly convicted under S.307 of the IPC. The reasons g