1. - This appeal is directed against the judgment and order dated 22.6.2001 passed by the learned Additional Sessions Judge. No. 1 (Fast Track), Dholpur, by which the learned Additional Sessions Judge convicted the accused appellant Vijay Singh under Section 307 IPC and sentenced him to undergo rigorous imprisonment for seven years with a fine of Rs. 2,000/-, in default of payment of fine, to further undergo rigorous imprisonment for two months.

2. The material facts of the prosecution case in nut shell giving rise to this instant appeal are as follows:On 23.12.1995 PW.14 Om Dutta received a requisition from General Hospital; Dholpur to record the statement of injured Munsi Lal, who was admitted as in indoor patient. He reached there and recorded the statements of Munsilal Ex.P13 and sent the same to the Police Station, Sepau for further action. PW.15 Bid Singh, ASI, who at the relevant time, was posted at Police Station, Sepau received the statement. Injured Munshi Lal has stated in his Parcha Bayan that on 23.12.1995 at about 4.00 PM while he was on way to his house, accused Vijay Singh met him and fired 12 bore gun, which hit on his waist, as a result thereof, he fell down. He further stated that accused was having enimocity with him and that he opened fire with an intention to kill him. On the basis of this Parcha Bayan, the ASI registered a case vide FIR Ex.P.14. He also recorded the statements of injured and other witnesses under section 161 Cr.P.C.3-4. In the course of investigation, PW15 Biri Singh took in possession the cloth of injured vide memo Ex.P2. He inspected the site and prepared site plan Ex.P.1. On 23.12.1995 Dr. K.K. Agarwal examined the injured and found following gun shot injury on his body:

"Multiple punctured wound about 5cm x 6cm over the back at right side of chest, infrascapular region, surrounded by swelling of 10cm x 10cm.
5. On the requisition of Dr. K.K. Agarwal, Shri Gurelal, Radiographer took X-ray of the chest of injured in the presence of PW 11 Dr. R.C. Goyal, on the basis of X-ray plates, Ex.P11 and P12 Dr. R.C. Goyal opined in Ex.P10 that there are multiple radio opaque shadows rounded in shape seen in soft tissues of therosic region.6. On completion of investigation, the police submitted a charge sheet against the accused appellant in the court of judicial Magistrate, Dholpur. The learned Magistrate having found the case exclusively triable by a court of Sessions, committed the case to the court of Sessions.7. The case came to be tried by the Additional Sessions Judge No. 1 (Fast Track Court), Dholpur. The learned trial court after hearing arguments of counsel for the parties and having gone through the material placed before it, framed charge under Section 307 IPC. The accused denied the charge and claimed trial.8. During trial, the prosecution, in support of its case, examined as many as 17 witnesses and exhibited some documents. Thereafter, the accused was examined under Section 313 Cr.PC. The accused did not examine any witness in his defence. At the conclusion of trial, the learned trial court found the prosecution case as alleged proved and accordingly convicted and sentenced the appellant as indicated hereinabove. Dr. Goyal in his court statement has opined that injury of injured was neither grievous nor dangerous to life. Hence the present appeal.9. I have heard learned counsel for the appellant and the learned Public Prosecutor and gone through the judgment under appeal. I have also scrutinised and evaluated the evidence on record.10. From the evidence on record it appears that eye witnesses of the incident, namely PW2 Jandel Singh, PW. 3 Raj Bahadur, brother of injured, PW 4 Chitariya, PW 6 Dau Dayal, PW 7 Ajab Singh and PW 10 Badri whose attention was attracted by gun shot and screams of injured and who reached at the place of incident and saw the accused with a gun in his hand and the injured bleeding from his wound, according to their police statements, have not supporte