VIRENDRA SARAN, J. ( 1 ) FATEH Bahadur Singh has come up in appeal against the judgment and order dated 21. 9. 83 of Sri S. C. Srivastava, II Additional Sessions Judge, Sultanpur in Sessions Trial No. 42 of 1983 convicting the appellant under Section 307 I. P. C. and sentencing him to 5 years R. I. and a fine of Rs. 400/ -. In default of payment of fine, the appellant has been directed to undergo 6 months further R. I. ( 2 ) ACCORDING to the prosecution case, informant Satyadeo Yadav had purchased a Khandhar from Raj Bahadur Singh which was numbered as 1680 and on that place appellant had constructed his house and a hotel and a civil litigation was in progress between Raj Bahadur Singh and the appellant. The appellant got annoyed by the sale deed executed in favour of informant Satyadeo Yadav and he threatened Satyadeo Singh a day before the indent after execution of the sale deed On 28. 11. 82 at about 1 p. m. when Satyadeo Singh was going on a cycle from his village Kadipur for getting the battery of the loud speaker charged, the appellant met him at the shop of Badri and he fired at Satyadeo Singh on his chest. This incident took place on 28. 11. 82 at 1 p. m. and Satyadeo Singh lodged F. I. R at 1. 45 p. m. at the Police Station which was three miles from the spot. Injuries of Satyadeo Singh were examined by PW 6 Dr. A. C. Joshi, Medical Officer, District Hospital at 4. 30 p. m. The Doctor found the following injury on the person of Satyadeo Singh: Multiple gun shot wounds in an area of 8 cms. x 6 cms. over front of the chest. The average size of the wound is 0. 7 x 0. 7 cm. The surface of the wound is covered with clotted blood, which on removal caused oozing out of blood. There was no blackening or tattooing. Surgical emphysema were present in the surrounding area. No wound of exit was present. T The injury was kept under observation and X-ray was advised. The injury was fresh in duration and was caused by some fire arm. ( 3 ) AFTER due investigation, the appellant was charge-sheeted and was committed to the Court of Session. Surgical emphysema were present in the surrounding area. No wound of exit was present. T The injury was kept under observation and X-ray was advised. The injury was fresh in duration and was caused by some fire arm. ( 3 ) AFTER due investigation, the appellant was charge-sheeted and was committed to the Court of Session. The appellant pleaded not guilty and dammed to be tried. In support of its case, the prosecution examined PW 1 Satyadeo the injured PW 2 Mahadeo and PW 3 Jairam are as eye witnesses. PW 6 Dr. A. C. Joshi medically examined Satyadeo. PW 5 Dr. O. P. Sharma was the Radiologist and conducted X-ray examination and found three circular opaque shadows like pellets present in the chest of the injured. PW 4 S. I. Gulab Singh has stated that the F. I. R was lodged in his presence and he thereafter investigated the case. The appellant did not examine any witness in his defence. After scrutinizing the evidence on record, the learned Sessions Judge has convicted and sentenced the appellant as mentioned above. ( 4 ) I have heard Mr. Imtiyaz Murtaza, learned Counsel for the appellant and the learned State Counsel. ( 5 ) SO far as merits of the case are concerned, the prosecution case has been supported by Satyadeo, PW 1 who has stamps of injuries on his person. Mahadeo, PW 2 and Jairam, PW 3 are eye-witnesses and they have supported the prosecution case. Evidence of Satyadeo, PW 1 also stands corroborated from the statement of Dr. AC. Joshi, PW 6 who had medically examined Satyadeo and found injuries on his person mentioned above. Dr. O. P. Sharma, PW 5 conducted Xray examination and his evidence goes to show that there was circular opaque shadows like pellets present in the chest of injured. ( 6 ) I have gone through the evidence of the eye-witnesses and find no infirmity in the evidence of these witnesses. Considering the entire evidence, I am of the opinion that the appellant has been rightly convicted for the offence under Section 307 IPC. ( 7 ) SO far as sentence of the appellant is concerned, learned Counsel has submitted that the indent took place nearly 13 years ago and the appellant had already remained in jail for nearly 3 months. Considering the entire evidence, I am of the opinion that the appellant has been rightly convicted for the offence under Section 307 IPC. ( 7 ) SO far as sentence of the appellant is concerned, learned Counsel has submitted that the indent took place nearly 13 years ago and the appellant had already remained in jail for nearly 3 months. He further submitted that if the fine is increased it shall not be considered as enhancement of sentence and the substantive sentence of imprisonment may be reduced to the period already undergone by the appellant. ( 8 ) I have given my anxious consideration to entire facts and circumstances of the case. There can be no doubt that the incident took place long back and the appellant has been on bail since 1983. In my opinion, some compensation may be awarded to Satyadeo who has suffered due to firing of the appellant. No useful purpose would be served by sending the appellant to jail again after lapse of so much of time. ( 9 ) IN the result, this appeal is partly allowed. Conviction of the appellant under Section 307 IPC is affirmed, but his sentence of 5 years R. I. is reduced to period of imprisonment already undergone by him. However, the sentence of fine of Rs. 400/- imposed by learned Trial Court is increased to Rs. 4000/ -. In default of payment of fine the appellant shall undergo one years R. I. The appellant shall deposit the fine within 3 months in the Court of lind Addi. Sessions Judge, Sultanpur. As soon as the fine is deposited, the learned lind Addi. Sessions Judge shall summon Satyadeo son of Ram Prasad resident of Mohamadaud, P. S. Qadipur, Distt. Sultanpur and a sum of Rs. 3500/- (Three thousand and five hundred only) shall be paid to him. Learned lind Addi. Sessions Judge shall ensure that Rs. 3500/- is paid to Satyadeo in his presence and no harassment is caused to him in payment of the compensation. Appeal partly allowed. .