Ahluwalia, J.

In the instant case, on 22nd of January, 2009 at around 04:00 P.M. near Tehsil Department, Opposite Electricity Department, indiscriminate shots were fired on the person of Chandraprakash Gaira @ Kaju son of Ramesh Chand (PW-2). The said shots were fired by two persons.

2. Case of the prosecution, in nut-shell, is that two assailants had acted in conspiracy with accused, namely (i) Tarun Chaturvedi, (ii) Raju Tantia @ Vijay Singh, (iii) Amit Jain and (iv) Manak @ Gopalkrishna respectively.

3. Present appellant, namely Tarun Chaturvedi was apprehended on the next day of alleged occurrence i.e. on 23.01.2009. Other accused absconded. Co-accused – Om @ Omprakash was apprehended on 12.12.2011, whereas another co-accused Amit Jain and Raju Tantia @ Vijay Singh were arrested on 29.11.2010 & 30.03.2012 respectively.

4. In the present case, two separate trials were conducted. One against accused - Tarun Chaturvedi and another against three co-accused, namely (i) Amit Jain, (ii) Raju Tantia @ Vijay Singh and (iii) Om @ Omprakash.

5. Present appellant - Tarun Chaturvedi was convicted for offence punishable under Section 307 read with Section 120-B I.P.C. on 27.01.2011 by t