B.N.P.Singh, J.

1. Though the appellant was prosecuted for the charges punishable under sections 307, and 337/34 of the Indian Penal Code (IPC), along with Section 27 of the Arms Act, he suffered conviction only under section 307 IPC on exoneration of the rest charges and was sentenced to suffer rigorous imprisonment for a term of four years on that count.

2. Factual matrixthe prosecution was launched on behest of Rameshwar Pandit (P.W. 5), on accusation that though the appellant had been torturing him since past it was on 10th April, 1988, that he made abortive attempt to break open the door of his house and on his failure, pelted brick bats causing injury to Pachiya Devi and after the appellant took recourse to firing, Ramdeo Pandit (P.W. 1) suffered pellet injury on palm of his right hand. After the Police was set in motion on these accusations investigation commenced in course of which the Investigating Officer recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, visited the place of occurrence, got the injured clinically examined by the doctor, seized empty shells of cartridges from the place of occurrence and on conclusion of invest