F.C. Bansal, J.-The Judgment and order under challenge in the present appeal was passed on 06.08.2003 by the learned Additional Sessions Judge (Fast Track) No. 1, Dholpur in Sessions Case No. 160/2002 convicting the accused appellants Kirori and Pappu under Section 307 of the Indian Penal Code and sentencing each of them to suffer R.I. for four years and to pay a fine of Rs. 200/-and in default, to suffer R.I. for fifteen days.

The case of the prosecution, as unfolded at the trial, may, in brief , be stated as follows:-

2. On 13.03.1996 at about 2.00 a.m. Lalaram, Jeevaram, Bhawanipal and Ramveer were sleeping in the premises where stone cutting machine of Lalaram was installed. Accused Siyaram Bhagwan Singh, Pappu, Ramdayal, Chokhe, Pooran and Kirori armed with gun, Katta and lathies came there and opened fire. Accused Siyaram fired a shot with his gun which hit on the right thigh of Ramveer. Accused Pappu fired another shot which hit on the back of Bhawanipal. Accused Kirori fired a shot with his Katta and caused injury on the head of Bhawanipal. Thereafter, accused persons fled away alongwith the stone cutting blade. SHO, P.S. Badi, District Dholpur registered a case on