Attempt to murder-Fire arms injury--Injury suffered by the complainant were simple in nature-The appellants did not make any further attempt to cause more injures to the complainant-The intention to cause homicidal death of the complainant is manifestly absent-Conviction converted to one under Section 324 IPC.

1. On 20-10-1994, at about 8.30 a. m. an incident is said to have taken place in which the appellants are alleged to have caused injuries to the complainant-Parshotam Singh with the use of fire-arms, which appellants-Jaswinder Singh and ashok Kumar were possessing.

2. In the said incident, the complainant is said to have suffered the following injuries :-

1. A lacerated wound oval shape with inverted margins, size 0.5 cm c 0.3 cm. Freshly bleeding. Depth was not probed. It was situated on the left side of the chest, 10 cm. from the midlines and 3 cm. from the left side of nipple above and medial. It was" reddish ecchimosed area of 3 cm. in diameter present around the wound. No blackening, singeing and tattooing was present. X-ray was advised of chest and also surgical opinion advised.2. Lacerated wound with irregular margins inverted, size of the wound is 0.5 cm. x 0.25 cm. Oval shaped. There was fresh bleeding present. Wound was situated at the left side of the chest 16 cm. From the midlines, 9 cm below the left nipple downward and outwards. There is reddish colour ecchimosed area of 2 cm. In diameter present around the wound. Depth was not probed. No blackening, singeing or tattooing was present. X-ray chest and surgeon opinion advised.

3. There was lacerated wound with inverted margins. Size of the wound was 0.5 cm x 0.4 cm. Oval shaped. Fresh bleeding was present in the wound. The wound was present on the right side of the chest 10 cm. above and laterally from the right nipple and 5 cm, from the anterior auxiliary line. Depth was not probed. There was reddish coloured ecchimosed area of 3 cm. diameter present around the wound. No blackening, singeing and tattooing was present. X-ray chest and surgeon opinion was advised.

4. "lacerated wound with inverted margins, size of the wound was 0.5 cm. x 0.3 cm, oval shaped present on the left forearm on posterio lateral aspect, 15 cm. above the wrist joint. It was freshly bleeding, depth was not probed. No blackening, singeing and tattooing was present. There was 3.5 cm. reddish colour ecchimosed area around the wound. Orthopaedic Surgeon and X-ray left forearm was advised. "

3. The FIR was lodged by the complainant barely two to four hours after the incident pursuant to which the police investigated the matter and submitted a challan against the appellants for having committed offences punishable under Sections 307, 447 read with Sec.34 of the IPC and section 27 of the Arms Act, 1959.

4. The Additional Sessions Judge, hoshiarpur (hereinafter described as the trial Court) charge-sheeted appellants-Jaswinder Singh and Ashok Kumar under sections 307 of the IPC and 27 of the Arms act, 1959 and appellants-Narinder Singh and Kehar Singh under Sec.307 read with Sec.34 of the IPC. They pleaded not guilty and claimed trial.

5. In order to substantiate its case, the prosecution examined as many as thirteen witnesses including the doctors who medicolegally examined the complainant and subsequently treated him.

6. In their statements recorded under section 313 of the Cr. P. C. the appellants stated that they have been falsely implicated in the present case.

7. To establish the plea of defence that there was a civil case pending between the appellants and the complainant in which a dispute regarding possession of the land was involved and the findings of the Civil Court had been recorded in their favour, certified copies of Judgments Exhibits DB, DC and DD were placed on record. Besides, DW1-H. C. Sham Sunder, PW2-S. I. B. D. Rana and d. W.3-Surjit Singh, Scientific Officers (Ballistics) were also examined.

8. Vide the impugned judgment dated 10-9-1999, the trial Court found the appellants guilty of the offences alleged against them and accordingly, convicted and sentenced them as under: appellants-Jaswinder Singh and Ashok Kumar for offence punish- to undergo rigorous imprison-able under Section ment for seven years and to 307 of the I. P. C. pay fine of Rs.1000/- each and in default