S.P. Garg, J.

1. Faisal (the appellant), Mohd. Abid @ Kadir and Atif were arrested by the police of PS Seelampur in case FIR No. 474/2008 and sent for trial alleging that on 23.11.2008 at about 09.30 P.M. at shop no. C- 47/6, gali no. 11, Matkewali Gali, Chauhan Bangar, Delhi, they in furtherance of common intention inflicted injuries to Rahisuddin by firing at him in an attempt to murder him. Atif faced trial before Juvenile Justice Board. Mohd.Abid @ Kadir expired during trial and proceedings against him were dropped as abated. The Investigating Officer lodged First Information Report after recording Waheed’s statement (Ex.PW-6/A). MLC of the victim was collected and the injuries were opined as ‘grievous’. After completion of investigation, a charge-sheet was filed and the prosecution examined twelve witnesses. The trial resulted in conviction of the appellant for committing offence under Section 307 IPC and by an order on sentence dated 30.08.2012, he was awarded RI for three years with fine Rs.5,000/-. Being aggrieved and dissatisfied, he has preferred the appeal.

2. I have heard the learned counsel for the parties and have examined the file. The occurrence took place a