JUDGMENT

A.P. Chowdhri, J. - Vazir Singh 4(20) was convicted under Secton 307 of the Indian Penal Code by learned Additional Sessions Judge, Sonepat, and sentenced to seven years rigorous imprisonment and a fine of Rs. 250/-. In default of payment of fine, he was further sentenced to rigorous imprisonment for six months. He has preferred this appeal.

2. According to the prosecution, Vazir Singh alias Pappi in conspiracy with his real brother Jai Bhagwan obtained the latters stengun and on April 5, 1984, at about 3.30 P.M. fired two shots hitting Roshan Lal (PW19). on the right forearm and left thigh when he was watering his fields and his brother Krishan Lal and his father Mohinder were working nearby in the same fields. The firing was done with the intention of killing Roshan Lal. Roshan Lal ran to save his life and he entered the Kotha of tubewell of Tyagis situated nearby. His father, brother and another brother Surinder along with some others came there on hearing the noise of the shots. Roshan Lal opened the doors of the Kotha and he was removed to the hospital. Dr. B.D. Chaudhary (PW1) sent ruqa to the police. The police went to the hospital and after ascertaining fitness of R