JUDGMENT 1. - Heard. 1. Major Khan, appellant No. 2 has expired in road accident as per police report dated 6.12.96 on his warrant. His appeal abates. 2. Briefly, the facts of the case are that a house of Bichhawat's is situated in Sardarsahar. Smt. Shakuntala Devi, a teacher, was living on the first floor and Mohan Lal Sunar was living on ground floor as tenant. The landlord wanted them to vacate the house and, therefore, he engaged the appellants to get the house vacated from both the tenants. They were paid/assured to be paid some amount. On 13.5.79 at about 6.30 or 7.00 p.m. both of them reached there. Son of Mohanlal Sunar then went to Rehmatullah Khan who was a neighbour. He narrated to him that the appellants were abused and were harassing them and, therefore, Shakuntala had called him. Then Rehamatullah Khan alongwith his brother Kadar Khan went to help the lady teacher. Major Khan and Bonney Khan were found present. Bonney Khan was having a pistol. The lady teacher told Rehmatullah Khan and his brother that the appellants had threatened them and they wanted the house to be vacated. They had threatened that in case the house would not be vacated, they would kill the tenants. Rehmatullah Khan and Kadar Khan assured Shakuntala and her children not to worry. When Rehmatullah Khan and his brother Kadar Khan came down stairs, they found Mohan Lal Sunar standing. As soon as Rehmatullah Khan wanted to come out of the main gate of the house, Bonney Khan abused him and then aiming towards him fired. It did not hit Rehmatullah Khan. As soon as Rehmatullah Khan turned towards Bonney Khan, Bonney Khan, appellant, shot the second fire which injured the rib of Rehmatullah Khan. It then passed through his body. Major Khan also shot a fire which injured a finger of right hand of Rehmatullah Khan. A report was lodged at the police station Sardarsahar District Churu. 3. Both the appellants were tried for offence under Section 307 Indian Penal Code by the learned Sessions Judge, Churu who convicted Bonney Khan under Section 307 and Major Khan for offence under Section 324 Indian Penal Code. Major Khan was sentenced to one year RI under Section 324 Indian Penal Code while Bonney Khan was sentenced to four years imprisonment. Both the appellants were tried for offence under Section 307 Indian Penal Code by the learned Sessions Judge, Churu who convicted Bonney Khan under Section 307 and Major Khan for offence under Section 324 Indian Penal Code. Major Khan was sentenced to one year RI under Section 324 Indian Penal Code while Bonney Khan was sentenced to four years imprisonment. Dis-satisfied with this conviction and sentence, both the appellants submitted this appeal. 4. Learned counsel for appellant Bonney Khan has submitted that he does not challenge the conviction under Section 307 Indian Penal Code. He is right because after going through the evidence, I am of the view that the appellant has rightly been convicted. He has submitted that since the matter is very old and the sword of Damocles has been hanging over the head of the appellant for as many as 18 years and this Court in different cases has taken the view that in such cases lenient view should be taken. He has submitted that appellant Bonney Khan is 65 years old and has undergone the sentence of jail for a period of 31/2months which is sufficient in the facts and circumstances of this case. 5. After going through whole evidence on record and looking into the facts and circumstances of the case, I am of the view that it is a fit case in which the appellant Bonney Khan should be sentenced to the period already undergone. 6. Consequently, the appeal is partly allowed and maintaining the conviction of appellant Bonney Khan under Section 307 Indian Penal Code, it is ordered that he is sentenced to the period already undergone. The appeal stands disposed of accordingly. Appeal partly allowed. *******