(1.) PROSECUTION case initiated on Fardbeyan of one Gopal Mahto, in brief is that on 17.8.1978 at about 4.00 PM informant was purchasing guava at Fatuha Bazar Chouraha, P.S.Fatuha, District Patna. Kameshwar Sonar came running and entered in the book shop of one Gopal Singh. The accused appellant was chasing him, shot firing aiming Kameshwar Sonar from his licensed gun which caused injury on left testicle of informant, a vegetable seller P.W.2 and a lady P.W.5. Mob and Police assembled there, caught the accused appellant along with co-accused Prem Nath Gupta.
(2.) AFTER concluding the trial, the trial court convicted the appellant and sentenced him for the offence under section 307 of the Indian Penal Code. Apart from other points touching the merit it is submitted on behalf of Amicus Curiae that appellant was 82 years in the year 1999 while his statement under section 313 Cr.P.C. was recorded, now has become 93 years if is alive and from his firing though three persons are injured but by pellets causing simple injuries and he remained in custody from 18.8.1978 to 21.8.1978, 20.3.1979 to 27.3.1979 and 27.5.1999 to 23.6.1999, in my view, if that period is observed towards sentence that may meet the ends of justice. On that point period undergone by the appellant in custody is observed sufficient.