Short Note : 1. This appeal is directed against the judgment dated 28-06-1974, passed by the Additional Sessions Judge, Gwalior, wherein he has convicted appellant Mahendra Singh under section 307 of the Indian Penal Code and sentenced to R.I. for 7 years and the other appellant Kundan Singh to R.I. for 3 years under section 307/109 of the Indian Penal Code. 2. Held : The witnesses have testified to the prosecution story as to how at about 2.00 p.m., both the appellants came to the field of Kulwant Singh, armed with double-barrel muzzle-loading gun; Mahendra Singh fired at Kulwant Singh (PW 1); whereas the other appellant Kundan Singh exhorted him to do so. The learned trial Court has considered the testimony of these witnesses in some details and has given cogent reasons to believe them. It was also a fact and has been established on record, both from document and the statement of Kulwant Singh (PW 1) ; that on 18-02-1974, he had been to the Court to depose in committal proceedings. His deposition was not completed that day. He has also stated that in that Sessions Case, in which Beersingh was murdered, Mahendra Singh Patel and others were accused. The appellants belong to the party of Mahendra Singh Patel. There is hardly anything to discredit this evidence, which can be said to be the motive. It was on that account that these appellants came down to the field of Kulwant Singh, armed with gun with intent to shoot him down so that he may not be able to depose in that case. In any case, even if the motive is not taken into consideration, the direct evidence of Kulwant Singh (PW 1) as corroborated by Narayan Singh (PW 2) and Balwant Singh (PW 3) establishes the prosecution case. The First Information Report (Ex. P-2) was lodged in the Thana by Kulwant Singh without any delay. The facts mentioned in this report corroborate the oral evidence on material particulars. Further evidence is to be found from the medical evidence. Dr. V.K. Diwan (PW 6) examined Kulwant Singh on 24-02-1974. He found as many as 5 gun-shot wounds. Some of the pellets had caused injuries on the chest and also on the thigh. 3. The facts mentioned in this report corroborate the oral evidence on material particulars. Further evidence is to be found from the medical evidence. Dr. V.K. Diwan (PW 6) examined Kulwant Singh on 24-02-1974. He found as many as 5 gun-shot wounds. Some of the pellets had caused injuries on the chest and also on the thigh. 3. When both the appellants, who are real brothers had come down with a loaded gun, one of them fired at Kulwant Singh causing injuries at the exhortation of the other and prior to that threatened Kulwant Singh, and thus their intention was but obvious. By using the gun in question, an offence under section 307 IPC was squarely made out. Mahendra Singh appellant actually fired the gun so he was rightly found guilty under section 307 of the Indian Penal Code and the other appellant Kundan Singh for abetment of the offence. Thus after reappriasal of the evidence on record, agreeing with the learned Additional Sessions Judge, I have reached the same conclusion. The sentence of rigorous imprisonment for 7 years imposed for offence under section 307 of the Indian Penal Code appears to be rather heavy. In my view, rigorous imprisonment for 5 (five) years would meet the ends of justice. Appeal party allowed.