IMPORTANT POINT
When an accused causes hurt while attempting to murder will be liable for life imprisonment.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed by one out of three accused against the final judgment and order dated 21.04.2015 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.615 of 2008 whereby the High Court dismissed the appeal filed by the accused-appellant herein and affirmed the judgment 11.12.2007 of the Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No.746 of 2005 by which the appellant was convicted for the offences punishable under Sections 452, 307/34, 316/34 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced to seven years' rigorous imprisonment with fine of Rs. 5000/- under Section 452 IPC, in default of payment of fine, to further undergo three months' simple imprisonment, imprisonment for life with fine of Rs. 10,000/- under Section 307/34 IPC, in default of payment of fine, to further undergo six months' simple imprisonment, rigorous imprisonment of ten years with fine of Rs. 5000/- under Section 316/34, in default of payment of fine, to further undergo simple imprisonment for three months and two years rigorous imprisonment with fine of Rs. 1000/- under Section 504 IPC, in default, to further undergo simple imprisonment for one month. All the sentences would run concurrently.

3. Brief facts:

The case of the prosecution is that on 08.10.2004 at about 7.30 p.m., when Iliyas-the Complainant, after having meal, reached near the house of Naseem-his paternal uncle, he heard noise coming out from that house. When Illiyas entered the house, he saw Manshad, Kamil and Ahsan(the appellant), all from the same locality, armed with country made pistols in their hands, abusing his cousin Istekhar @ Dholoo, Shahzad (son-in-law) and Rukhsana, his niece with filthy language and they made fires from their respective pistols with the intention of killing them. The bullet fired by Manshad injured Istekhar, the bullet fired by Kamil caused injury to Rukhsana on her abdomen, who was pregnant and the bullet fired by Ahsan(appellant) injured Shahzad in his head. All of them were in critical state. The incidence was witnessed by Khurshid, Shamshad, Ikram etc. Illiyas had given the `written report' at Police Station, Shamli after getting it written by Bhupendra Singh.

4. On the basis of the written report submitted by Illiyas on 08.10.2004 at 20.45 hrs., F.I.R. case Crime No. 313 of 2004 was registered under Sections 452, 307 and 504 IPC at Police Station Shamli, District Muzaffar Nagar. On the same day, the investigation was conducted by sub-Inspector Vijendra Singh. The site plan was prepared and the statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"). The charge-sheet was filed against Manshad and Ahsan for the offences punishable under Sections 452, 307, 316 and 504 IPC. The case was committed to the Court of Sessions for trial on 18.05.2005.

5. The trial was proceeded as S.T. No. 746 of 2005 in the Court of Additional Sessions Judge, Mazaffar Nagar. During the pendency of the investigation, Kamil died and Manshad was declared as `juvenile' to be tried separately. Ahsan (appellant herein) was charged for the offences under Sections 452, 307/34, 504 and 316/34 of IPC.

6. By judgment dated 11.12.2007, the Trial Court convicted the appellant for the offences punishable under Sections 452, 307/34, 316/34 and 504 IPC and sentenced him seven years' rigorous imprisonment with fine of Rs. 5000/- under Section 452 IPC, in default of payment of fine, to further undergo three months' simple imprisonment, imprisonment for life with fine of Rs. 10,000/- under Section 307/34 IPC, in default of payment of fine, to further undergo six months' simple imprisonment, ten years' rigorous imprisonment with fine of Rs. 5000/- under Section 316/34 IPC, in default of payment of fine, to further undergo simple imprisonment for three months and two years' rigorous imprisonment wi