This revision has been filed against the order dated 28th October, 1986 passed by Vth Additional Sessions Judge, Agra modifying the sum moning order passed by the Magistrate and holding that no offence under Section 3071. P. C. ismadeout.

2. Heard learned counsel for the revisionist, learned counsel for the O. Ps. and learned A. G. A.

3. The learned counsel for the revisionist contended that in view of the past enmity and strong motive against the accused as also the fact the accused had fired shot it must be inferred that the ac cused had intention to commit murder. A perusal of the judgment passed by the learned Additional Sessions Judge would show that from the evidence on record there is no doubt that the accused had fired at the house of the complainant. He specifically observed that the record does not reveal at all that the accused persons had shot any fire towards the complainant with intention of inflicting any injury. In view of the evidence that the accused had not fired at the complainant but at his house, the learned Additional Sessions Judge committed no illegality in holding that there was no material to indicate that the accused attempted to commit