Hon’ble S.C. Agarwal, J.—This criminal appeal has been filed against judgment and order dated 23rd December, 1981 passed by the 7th Addl. Sessions Judge, Azamgarh in S.T. No. 236 of 1989 whereby the appellants Shamim Ahmad was convicted under Section 307 IPC and sentenced to undergo R.I. for four years. Appellants Shamshul Huda, Shamshul Haq and Saghir Ahmad were convicted under Section 307 read with Section 34 IPC and were sentenced to undergo R.I. for 3 ½ years.

2. Appellant No. 4 Saghir Ahmad had died as per the office report dated 11th April, 2007 and the report of the C.J.M. Agamgarh dated 23rd March, 2007. The appeal of appellant Saghir Ahmad stands abated on account of his death.

3. The incident took place on 20.4.1979 at 6 a.m. The FIR was lodged by Sri Razi Ahmad (P.W-1) on the same day on 8.30 a.m. at P.S. Ghosi, District-Agamgarh.

4. The prosecution case, as contained in the FIR is that there was previous enmity between the parties and a criminal case was pending against the appellants. On 20.4.1979 at 6 a.m., the accused Shamshul Haq, Shamim Ahmad @ Munnoo, Shamshul Huda and Saghir Ahmad came on the khalian of the complainant. Shamshul Haq was armed with a gun. He gave the gun to appellant Shamim Ahmad @ Munnoo. On the exhortation of other three co-accused, Shamim Ahmad @ Munnoo fired at the complainant Razi Ahmad causing him injuries.

5. On the basis of FIR Ex. Ka-4, the case was registered at Crime No. 83 of 1979. The injured was sent for medical examination. After investigation, charge-sheet was submitted.

6. The charge under Section 307 IPC against Shamim Ahmad @ Munnoo and charge under Section 307/34 IPC was framed against rests of the appellants. The appellants denied the charge and claimed to be tried.

7. The prosecution examined as many as seven witnesses in the case. Razi Ahmad (P.W. 1) is the first informant and the injured. Mohd. Isa (P.W. 2), Shamim Ahmad (P.W. 3) and Mohd. Idris (P.W. 4) are the witnesses of fact. Dr. V.P. Singh (P.W. 5) had medically examined the injured on 20.4.1979 at 9.30 a.m. at Government Hospital, Ghosi, Azamgarh and prepared injury report Ex. Ka-2. Dr. S.D.P. Gupta (P.W. 7) is the Radiologist and has prepared X-ray report Ex. Ka-8. Head Constable Krishna Singh (P.W. 6) is the formal witness, who has prepared Chick Report, copy of G.D. and proved the charge-sheet. The Investigating Officer was not examined.

8. In their statements under Section 313 Cr.P.C., the accused persons denied the prosecution allegations and claimed that they have been false implicated on account of enmity. However, the defence had not adduced any oral or documentary evidence.

9. Learned Sessions Judge relied upon the evidence adduced by the prosecution, convicted and sentenced the appellants as stated above.

I have heard Sri D.N. Pandey, learned counsel for the appellant Nos. 1, 2 and 3, learned AGA for the State and Sri Dharmendra Srivastava, learned counsel for the complainant.

10. Learned counsel for the appellants has not assailed the findings of fact recorded by the Sessions Judge. His submission is that the injuries sustained by the victim were not on any vital part of the body and were not dangerous to life. There was no intention on the part of the appellants to commit murder of the complainant and thus offence falls within the scope of Section 324 IPC which is compoundable with the permission of the Court. It is further submitted that parties have come to terms and compromise was filed in Court, which was sent to C.J.M. Azamgarh for verification and has been duly verified. It is further submitted that to maintain harmonious relation between the parties in future, the compromise be accepted and appellants be acquitted on the basis of compromise.

11. Learned AGA and learned counsel for the complainant have no objection to this course of action.

12. I have gone through the testimony of P.W. 1 Razi Ahmad and the eye-witnesses Mohd. Isa (P.W. 2), Shamim Ahmad (P.W. 3) and Mohd. Idris (P.W. 4)