ADITYA KUMAR TRIVEDI, J.

1. Appellant, Pintu Singh @ Rajnish Singh has been found guilty for an offence punishable under Section 307 of the IPC and sentence to undergo R.I. for ten years as well as to pay fine of rupees ten thousand and in default thereof, to undergo imprisonment for one months, additionally under Section 27 of the Arms Act whereunder sentenced to undergo R.I. for three years and to pay fine of Rs.3000, in default thereof, to undergo imprisonment of six month, additionally, with a further direction to run the sentences concurrently by the Additional Sessions Judge, IIIrd, Muzaffarpur in Sessions Trial No.29 of 2014 vide judgment of conviction dated 07-04-2015, order of sentence dated 09-04-2015.

2. Pratibha Gupta, PW.4 gave her fardbeyan on 17-06- 2013 at about 04:30 PM alleging inter alia that her younger son Raj Kishore Gupta @ Raju runs a grocery shop under tenancy of Sital Gupta. At about 04:00 PM he was sitting inside ship after opening the shop while she was in front of the shop, Pintu Singh, who happens to be her neighbour came at his shop and uttered whereupon, her son got up. During midst thereof, Pintu Singh took out loaded pistol and shot at. No