Brief facts of this case are that the complainant's cousin Mohd. Haroon s/o Abdul Lateef R/o 44/33 Ajeetganj Colony, P.S. Babupurva Kanpur has a shop of repairing of interlocking machine situated at House No. 109/198 Mohalla Jawahar Nagar, P.S. Nazirabad.On 6.4.1987, complainant was present in the shop of his brother Mohd. Haroon and talking with him; at 7:30 pm, Ramji Nai, House No. 109/91 Resident of Mohalla Jawahar Nagar and his brother in law, Ram Chandar and two unknown people came to the shop armed with countrymade pistol, threatened and said to make arrangement of Rs. 1,000/- till tomorrow, otherwise, you will be no left alive and also said that immediately give him Rs. 100/- for wine then Mohd. Haroon tell him that he had no money.On this, the companion of Ramji Nai abusing him said that he would not give such money, kill him today.On this pretext Ramji Nai fired by countrymade pistol on Mohd. Haroon with intention of killing him.This bullet hits on left hand of Mohd. Haroon when both of us shouted then all the miscreants fled from the spot.Due to terror of this miscreants, panic caused among the shopkeepers and they started closing their shop quickly.Lacerated wound 4cmX2cmX muscle deep, bone exposed on left hand and wrist back.Bleeding profusely.This appeal has been preferred against the judgement and order passed by Vth Additional Sessions Judge, Kanpur Nagar dated 28.4.1993, in Sessions Trial No. 567 of 1991 convicting and sentencing the appellant u/s 324 IPC to undergo two years R.I. And a fine of Rs. 10,000/- in default payment of fine one years R.I. all the sentences shall run concurrently.On this allegation injured as well as complainant rushed to the police station and lodge the written report (Exhibit Ka 1) against Ramji Nai, Ram Chandar and two unknown miscreants.Chik FIR (Exhibit Ka 2) registered at 8:05 pm under Section 307 IPC.The case was entered by means of General Diary.On the request letter of the S.H.O. Nazirabad, Mohd. Haroon was examined by the Doctor G.V. Saxena (PW-4) who has medically examined Mohd. Haroon.On medical examination following injuries were found on PW 2 Mohd. Haroom:-Injury kept under observation.Advised x-ray, caused by hard and blunt object, Duration about fresh.Investigation of this case is conducted by Investigating Officer during investigation, the investigating officer recorded the statement of witness and also prepared site plan and collect the injury report and collect the relevant papers.Investigating officer was not examined by prosecution during trial.After conclusion of the investigation, charge sheet submitted against Ramji Nai, Ram Chandar and Mohd. Hasoon under Section 307 IPC.The charge framed against Ram Chandar, Prem Shankar on 12.9.1991 under Section 307/34 and against Ramji Nai under Section 307 IPC on 12.9.1991 charge read over and explained to the accused in hindi.They pleaded not guilty and claims to be tried.In order to substantiate the charge levelled against the appellant, prosecution examined four witnesses PW 1, Abdul Jabbar complainant of this case and cousin of the injured.PW 2 Mohd. Haroon injured, PW 3 Shiv Autar Pandey, Head Constable and PW-4 Dr. G.V. Saxena.After the conclusion of trial statement of appellants was recorded under Section 313 Cr.P.C. in which he has stated that witnesses giving false statement due to enmity.No defence witness was examined by appellant.Learned trial court after hearing both the parties acquitted Prem Shanker and Ram Chandar against the charge levelled u/s 307/34 IPC.Only Ramji Nai is convicted under Section 324 IPC as aforesaid.Being aggrieved with the order of sessions court, sole appellant Ram Ji Nai preferred this appeal.No appeal preferred by the prosecution against the acquittal of accused Ram Chandar and Prem Shankar.This is a clear cut bullet injury and injured witness is most reliable witness and the testimony of the injured witness PW 2 cannot be doubted at strech of imagination.Statement of PW 2 regarding implication of appellant is clear and cogent.Prosecution has established its case beyond any shadow of doubt against the appellant as such appeal is liable to be dismissed.One of the argument of the learned counsel for the appellant is that no independent witness examined by the prosecution and only related & interested witnesses were examined by the prosecution so no reliance has been placed on the testimony of these two witnesses.In his statement, he fully narrated the version of the prosecution, injured witness (PW 2) corroborated the version of the FIR but he clearly denied the role of the co-accused Ram Chandra, on this point, he already declared hostile and on the basis of this statement, Ram Chandra was acquitted by the learned trial court but with regard to the evidence against Ram Ji Nai, concerned PW 2 clearly shows that Ram Ji Nai inflicted injury by firing gun shot by countrymade pistol.Although, the medical examination report does not fully corroborate the oral evidence of PW 1 and PW 2 but during examination of PW 4, he clearly stated that if the bullet hit on hand then such type of injury may also occur so it cannot be said that injury inflicted on the hand of the injured witness did not cause by the countrymade pistol.Their evidence has a ring of truth.Hence, learned trial court rightly convicted the appellant under Section 324 IPC resultantly, conviction of the appellant under Section 324 IPC is hereby affirmed.Coming to the sentence to be imposed on the appellant since incident occurred more than 33 years ago and presently, the appellant is aged about 60 years and during intervening period, he had not indulged into any criminal activity nor he had any criminal background and presently, appellant is well rooted in society.Submission of the learned counsel for the appellant for showing leniency in this matter regarding sentence, is liable to be acceptable.Failing to deposit the same, appellant shall surrender or he be taken in custody to serve out one year rigorous imprisonment as default sentence.So the appeal is 'dismissed' on the point of conviction and partly allowed on the point of sentence as above.

Cited provisions: Section 307 in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 34 in The Indian Penal Code