The severity of the injury and medical opinions are crucial in determining the applicability of the offence under Section 307 IPC.

( 1 ) HEARD learned counsel for the applicant-appellant and public prosecutor for the State assisted by counsel for the complainant. Perused the judgment and order impugned as also record of the trial court.

( 2 ) IT is contended by the learned counsel for the applicant-appellant that it is a case of single gun shot injury and the applicant is in custody since 07. 12. 2004 from the date of judgment and he was also in custody for some time prior to passing of the judgment also. At best, according to learned counsel for the applicant, the offence would be punishable under section 324 IPC and not beyond that.

( 3 ) LEARNED public prosecutor for the State opposed the bail application and contended that PW-8 Rajendra Singh suffered a gun shot injury which on being examined by Doctor pw-9 Dr. Suresh Chandra Swami as also PW-11 Dr. Brijbhushan banga who operated PW-8 as an emergency operation, opined that the injury caused to him was dangerous to life. From the perusal of the statement of PW-11, it appears that the gun shot injury caused by the applicant has damaged the internal more vital parts of the body of the injured, and certain parts were required to be removed by operation. Both the doctors categorically opined that injury by firearm caused to injured was dangerous to life. From this evidence, it cannot be said that the offence under Section 307 IPC is not made out. I am fortified with my view by decisions of Honble Supreme Court in Sarju prasad Vs. State of Bihar, AIR 1965 SC 843, Girja Shankar Vs. State of U. P. , JT 2004 (2) SC 140, Bappa alias Bapu Vs. State of maharashtra, AIR 2004 SC 4119, Vasant Vithu Jadhav Vs. State of Maharashtra and R. Prakash Vs. State of Karnataka (2004) 9 scc 27.

( 4 ) KEEPING in view the serious allegation and the gunshot injury caused to PW-8 which was found to be dangerous to life, I do not consider it a fit case to suspend the sentence.

( 5 ) THE application seeking suspension of sentence is therefore, dismissed. The record of the trial court has already been received. If the applicant-appellant wishes for early hearing of the case, he may move for early hearing.