N.N.Sharma, J. - (1.) This appeal is directed against order of Sri B.K. Misra, learned II Additional Sessions Judge, Shahjahanpur dated 30.9.197x by which appellants were convicted under Section 324 read with Section 34 of Indian Penal Code, a fine of Rs. 250/- was imposed on each appellant; defaulter was to undergo three months rigorous imprisonment. 2. All the appellants are inter-related. Appellants Ram Kishore and Brij Kishore are own brothers cousins of appellant Atma Ram. Appellant Chhabinath is their uncle. A. 11 the appellants and informant Kripa Shmker, father of Ram Niwas (P.W. 1), are co-villagers, residents of village Nausara, hamlet of Zera Rahimpur Chauki, Police Station Allahganj, district Shahjanpur. 3. There had been a long drawn litigation amongst the parties for about twenty years prior to the occurrence in connection with some land and So their relations were embittered. On 5.3.1976, at about 4.30 P.M., Ram Niwas (PW 1) was sitting at his platform when all the appellants raided the house of injured and with intent to kill Ram Niwas, fired gun shots on him. Meanwhile Ram Niwas bolted the door from inside and went on the roof, however, he was hit on the roof also where some of the pellets fell. Ram Niwas (PW 1) was bleeding from his injuries. Blood and pellets fell on the roof. Banwarj Lal (PW 2). Ram Deo, Prem Chand Babu Ram etc. witnessed the occurrence. A written report Ext. Ka 2, ascribed by Kripa Shanker, was made over at police station Allahganj in the same evening by informant at 5.55 P.M. Distance of police station from the police out post was about three miles. 4. Dr. K. K. Agarwal examined Ram Niwas at Primary Health Centre. Jalalabad. Shahjahanpur in the same evening at 9.30 P.M. and detected following injuries on his person: 1. Gunshot wound 2/10x2/lO"x skin deep on the right side front aspect upper part abodmen, 411 above the umbilicus.
(2.) Two gunshots 1/10 x 1/10 x skin deep on the right side cheek, about 1.1/2 away to the right side angle of the mouth
(3.) Gunshot wound 3/1O" x 1/1O" x skin deep on the front aspect right upper arm 41/211 above the right elbow joint.;