Causing of such injury as would endanger life is not an essential ingredient for the applicability of Section 307 of the IPC.

1. - The instant revision has been filed by the petitioner complainant against the order dated 27.11.1998 passed by the learned Additional Sessions Judge, Nagaur in Sessions Case No. 48/1998, whereby the respondents No. 2 to 10 have been discharged from the offence under Section 307 I.P.C. and the case has been toned down under Section 228 Cr.P.C. and has been sent to the Nagaur for trial.

2. Succinctly stated the facts of the case are that the petitioner filed an F.I.R. at the Police Station Khinvsar on 18.8.1997 with the allegation that in the evening at about 7 O'Clock Gumam Singh, Bhera Ram, Birda Ram, Nanak Ram, Hari Singh, Shambhoo Khan, Kesha Ram and Suresh came to the Dhani of Nanak Ram in a truck. Thereafter, these persons collected in a tractor-trolley and a jeep and came to the agricultural field of the complainant and started cutting the Millet crop. When the complainant and his sons Mohan Singh and Gulab Singh requested them not to do so. The accused persons started firing towards the complainant party indiscriminately by the guns. The complainant and his family members hid themselves in the house for saving themselves and that is why they did not receive any injuries. It was also alleged that the accused persons damaged the Millet crops belonging to the complainant and caused a loss worth Rs. 10,000/- He also alleged that the accused persons hurled stones towards them but the complainant and his companions hid themselves in the house and thus, were saved from harm. On the basis of this report, a case for offences under Sections 147,148, 447,427, 336, 307 and 149 I.P.C. was registered. When the Police conducted the site inspection, it was found that the Millet crop standing in the field was destroyed by the running over of a jeep and a tractor. The jeep of the accused was found standing in the field. Empty cartridges. Live cartridges as well as wads of the cartridges were recovered at the site. The Police ultimately after conclusion of investigation filed a charge-sheet against the accused persons for the aforesaid offences. The accused were arrested and various fire arms and cartridges etc. were recovered during investigation.

3. The case was committed to the Additional Sessions Judge, Nagaur for trial and the learned Additional Sessions Judge proceeded to discharge the accused from the offence under Section 307/149 I.P.C. the complainant has now approached this Court by way of the instant revision challenging the order passed by the learned trial Judge, whereby the accused have beer discharged from the offences under Sections 307 and 149 I.P.C.

4. Shri Sunil Mehta learned counsel for the petitioner submits that there is a specific allegation of the complainant that the accused persons in order to take forcible possession of the field in question collected together, in - the complainant's field and destroyed the crops of the complainant. When the complainant and his companions requested them not to do so, gunshots were fired by Gumam Singh and Nanak Ram, who were having fire arms in their hand. The allegation of gun fires being made has been corroborated during the site inspection as empty cartridges, live cartridges and wads etc. have been recover a from the place of the occurrence. Two fire arms have been recovered from the accused during the course of the investigation. The accused Gumam Singh and others are alleged to have gone to the field of the complainant for the purpose of taking possession of the field on the basis of an alleged sale transaction and when the complainant resisted the attempt, indiscriminate fun fires have been made towards the complainant party. He thus contends that as gunshots were fired towards the complainant party by aiming the fire arms towards them, the intention of the accused was nothing short of committing the murder of the complainant party and therefore, they have been wrongly and illegally discharged from the offence under Section 307/149 of the I.P.C. He therefore, pr