(1.) Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.
(2.) The instant appeal has been preferred against the judgment and order dated 29.06.2013, passed by learned Additional Sessions Judge/T.E.C.P-5, Lucknow whereby convicting and sentencing the appellant to undergo four years rigorous imprisonment under Section 307 I.P.C. together with a fine of Rs.5000/- and in default of payment of fine, the appellant will have to undergo additional imprisonment for three months.
(3.) The factual matrix of the case is that complainant P.W.-1 Ram Gopal Yadav lodged an F.I.R. on 27.11.2009 at 3:05 a.m., at Police Station-Chowk, District Lucknow with the allegation that on 24.11.2009 his younger brother Shiv Nandan was subjected to firearm injuries with intention to kill by one Ram Singh; that on 24.11.2009 wife of injured-Shiv Nandan registered the F.I.R. to that effect and they admitted Shiv Nandan to Surgical Ward Lucknow Medical College for further treatment; that the injured was admitted in Surgical Ward No.3 at Bed no.19; that due to that enmity on 27.11.2007 at about 12:45 a.m. Ram Singh and Mithai Lal in furtherance of common intention reached at Ward No.19 armed with country made pistol; that Mithai Lal incited appellant to kill him as he was rescued on 24.11.2009 but will not be spared today; that appellant-Ram Singh on incitation of co-accused fired on Shiv Nandan; that the bullet hit him at his neck; that both the assailants were armed with the country made pistol and escaped by exhibiting the pistol in their hands and also threatening the security guard Ram Naresh Mishra, Parmeshwardin Mishra of village Younchakhera and they also pushed them aside to make way for escape; that the incident was witnessed by the complainant Prema Devi, wife of injured-Shiv Nandan; that the wife of Shiv Nandan and one Amresh were engaged in taking care of Shiv Nandan; that the complainant informed that injured-Shiv Nandan was shifted to the trauma centre for treatment of firearm and then they rushed to the police station for lodging the report.