The main legal point established is the consideration of compromise in non-compoundable offences and the relevance of time elapsed in determining the appropriate sentence.

S.S.Saron, J.

1. This order will dispose of Criminal Appeal No. 240-SB of 1991 and Criminal Revision No. 665 of 1991 as they arise out of the same judgment and order dated 1.6.1991 passed by the learned Additional Sessions Judge, Amritsar, whereby the appellant Kulwant Singh has been found guilty and convicted for the offence under Section 326 Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5,000/-. Besides, in default of payment of fine to further undergo rigorous imprisonment for one year.

2. Kulwant Singh in the criminal appeal assails the finding of guilt and consequent conviction as also the sentence imposed on him. In the criminal revision Sawinder Singh complainant prays for setting aside the acquittal of Paramjit Singh and for convicting him for the offence under Section 307/34 IPC and sentencing him accordingly. Besides, for converting the conviction of Kulwant Singh from that under Section 326 IPC to Section 307 IPC and accordingly for enhancing the sentence awarded to him.

3. Case FIR No. 118 dated 1.9.1987 (Ex. PA/2) was registered at Police Station Kathunangal, District Amritsar for the offence under Section 307/34 IPC and Section 25 of the Arms Act, 1959 (Act for short). The FIR was registered on the statement of Sawinder Singh (petitioner in Criminal Revision No. 665 of 1991), who is the injured. It is alleged that on 31.8.1987 at about 9.30 p.m. complainant Sawinder Singh along with his mother Manjit Kaur had gone to the tube-well to start the same. While they were returning after starting the tubewell motor at about 10.30 p.m., he saw the accused standing at about one Killa from his house. The complainant had a torch in his hand and it was a moonlit light. Kulwant Singh (appellant) had a double barrel gun and Paramjit Singh (respondent No. 1 in Criminal Revision No. 665 of 1991) exhorted a Lalkara that the complainant, who used to quarrel with him should be finished. At this, Kulwant Singh (appellant) fired at the complainant hitting on his left thigh. On receipt of the fire arm injury he fell down on the ground and Kulwant Singh (appellant) fired another shot but it did not hit him and passed over his head. The occurrence was witnessed by Manjit Kaur, the mother of the complainant and she raised hue and cry. The accused ran away with the rifle.

4. The Police after investigating the case presented challan on 11.3.1988 under Section 173 of the Code of Criminal Procedure (Cr.P.C. for short). The learned Judicial Magistrate 1st Class, Amritsar vide his order dated 21.3.1988 committed the case to the Court of Session. The learned Additional Sessions Judge, to whom the case was assigned, vide his order dated 25.4.1988 charged Kulwant Singh (appellant) for having committed an offence punishable under Section 307 IPC whereas Paramjit Singh was charged for having committed an offence punishable under Section 307 read with Section 34 IPC. Besides, Kulwant Singh was charged for having committed offence punishable under Section 27 of the Arms Act. The accused pleaded not guilty and claimed trial.

5. The prosecution in order to prove its case examined Sawinder Singh (PW-1), Manjit Kaur, mother of the complainant (PW-2), ASI Lakhbir Singh, Police Station, Jandiala (PW-3), Baldev Singh, Class IV employee, office of Civil Surgeon, Amritsar (PW-4), Dr. Ajaib Singh Sandhu, District Health Officer, Amritsar (PW-5) and Dr. N.S. Aneja, Civil Surgeon, Amritsar (PW-6) and closed its evidence. The statement of the appellant Kulwant Singh was recorded in terms of Section 318 Cr.P.C. in which he stated that he was innocent and he and his son were apprehended from his house and the gun was taken into possession from them along with its licence. The statement of Paramjit Singh was also recorded under Section, 313 Cr.P.C. in which he stated that he was innocent and that Dalip Singh, uncle of the injured was murdered sometime back and his father was helping t