Judgment L.P.Singh, J. 1. Appellant no. 1 Vijendra Rai, appellant no. 2 Yogendra Rai, appellant no. 3, Ram Nath Rai and appellant no. 4 Raj Nath Rai have been convicted u/s. 324 of the Indian Penal Code and were sentenced to undergo R.I. for one year each. Further they have been convicted u/s. 27 of the Arms Act and were sentenced to undergo R.I. for 2 years each. Appellant no. 5 Ballam @ Ballam Rai has been convicted u/s. 324/34 of the Indian Penal Code and was sentenced to undergo R.I. for one year. 2. The prosecution case, in short, is that on 19.11.1987 at 7.30 A.M. the informant Kapildeo Rai was sitting on a chowki at his DARWAZA. His son Sheo Kumar Rai andhis brother Ram Ekbal Rai were also present there. It has been alleged that the accused persons (neighbours) Vijendra Rai, Yogendra Rai, Ram Nath Rai and Raj Nath Rai suddenly came there having armed with countrymade gun and pistols. The accused Ballam Rai ordered the accused persons to assault the informant. Thereafter all the aforesaid accused persons fired at the informant Kapildeo Rai from their gun and pistols. The informant sustained injuries on his head and below the right side of eye, neck, chest, abdomen and back. After sustaining injuries he fell down. Thereafter the son of the informant Sheo Kumar Rai and his brother Ram Ekbal Rai started raising alarm. On hearing the alarm several persons of the village came there. Thereafter the accused persons fled away in the western direction. The motive of the alleged occurrence is said to be that there had been land dispute between the informant and the accused persons and the same was going on between them. Thereafter his statement was recorded by the S.I., Dulhin Bazar Police Station and on the basis of his fard beyan a formal F.I.R. was registered. The police started investigation and after completion of investigation charge-sheet was submitted against the accused persons. Accordingly, cognizance was taken and case was committed to the Court of Sessions. 3. The appellants pleaded not guilty and have stated that they have falsely been implicated in this case due to enmity. 4. The prosecution, in support of its case, examined altogether 5 witnesses. 5. P.W. 1 is Nandu Prasad. P.W. 2 is Ram Ekbal Rai, brother of the informant. P.W. 3 is Sheo Kumar Rai, son of the informant. 3. The appellants pleaded not guilty and have stated that they have falsely been implicated in this case due to enmity. 4. The prosecution, in support of its case, examined altogether 5 witnesses. 5. P.W. 1 is Nandu Prasad. P.W. 2 is Ram Ekbal Rai, brother of the informant. P.W. 3 is Sheo Kumar Rai, son of the informant. P.W. 4 is Ameerchand Prasad and P.W. 5 is Kapildeo Rai, the injured informant. 6. P.W. 1 Nandu Rai has fully supported the case of prosecution. According to him on the date of occurrence he was washing his mouth at the canal. At that very time the accused persons came there. The accused Ballam Rai instigated the other accused persons to assault the informant Kapildeo Rai. Thereupon the other accused persons fired from their countrymade pistols. Having sustained injuries Kapildeo Rai fell down. When the villagers and son of the informant came the accused persons fled away in the western direction. He stated that there was a land dispute between the informant Kapildeo Rai and the accused persons. 7. P.W. 2 Ram Ekbal Rai, brother of the informant has also fully supported the case of prosecution as stated in the fard beyan of the informant. According to him, on the date of occurrence he was in southern side of DALAN. The accused persons variously armed came there and on the order of accused Ballam the other accused persons fired on the informant from their countrymade gun and pistol. When he heard hulla he ran and saw Kapildeo had sustained injuries on his chest, head, eyebrow and abdomen. He fell down and blood began to ooze out. Thereafter the accused persons fled away. After 7-8 minutes to the occurrence the Police Inspector with Police Party came there. Thereafter the injured Kapildeo Rai was admitted to hospital for his treatment. 8. P.W. 3 Sheo Kumar Rai, the son of the informant has also supported the case of prosecution. According to him on 19.11.1987 at 7.00 A.M. he was at his DALAN and his son was sitting in another DALAN at a distance of 5 LAGGI. Suddenly all the accused persons came there. Accused Ballam Rai instigated the other accused persons to assault the informant thereupon all the accused persons fired from their countrymade pistols. After sustaining injuries his father fell down. He sustained injuries on his head, eyebrow, chest and abdomen. Suddenly all the accused persons came there. Accused Ballam Rai instigated the other accused persons to assault the informant thereupon all the accused persons fired from their countrymade pistols. After sustaining injuries his father fell down. He sustained injuries on his head, eyebrow, chest and abdomen. On hulla the witnesses came there and the accused persons fled away. In the meantime, the Police party came there and accused Yogendra Rai was apprehended. He has stated that there was dispute regarding the land and on account of land dispute his father Kapildeo Rai was assaulted. He brought his father to Paliganj Hospital for his treatment. He has stated that the doctor did not admit his father in that hospital so he with the help of others brought his father to P.M.C.H. 9. P.W. 5 is Kapildeo Rai who is the injured informant, has fully supported the case of prosecution as disclosed in his fard beyan. According to him on 19.11.1987 at about 7-8 A.M. He was sitting on a CHOWKI at his DALAN. At that very time the accused Ballam, Yogendra, Vijendra Rai, Ram Nath Rai and Raj Nath Rai came there. On the order of accused Ballam other accused persons fired at him by their pistols. He sustained injuries on his head, below the right side of eye and on the chest. After assault the accused persons fled away towards the west. In the meantime, the Police came and accused Yogendra was arrested. S.I. of Police recorded his fard beyan there and he put his signature over it. He had proved his signature which has been marked as Ext. 1. Thereafter he was taken to Paliganj Hospital and he was given first aid and later on the doctor referred him to P.M.C.H. for his treatment. He has stated that he deposited one discharge-ticket and three X-ray plates which have marked as Exts. X & Y to Y/2 for identification. He also produced in the Court one white GAMCHA, one sleeveless KURTA and one DHOTI which have been marked as Exts. I to III. He also stated that two days before the alleged date of occurrence he had asked the accused persons to escort their cattle in such a way so that his vegetables plants might not be damaged by catties. Upon this the accused persons had threatened him of dire consequences. 10. I to III. He also stated that two days before the alleged date of occurrence he had asked the accused persons to escort their cattle in such a way so that his vegetables plants might not be damaged by catties. Upon this the accused persons had threatened him of dire consequences. 10. Learned counsel for the appellants has submitted that the I.O. and the doctor of this case were not examined. In absence of the examination of the doctor the injury on the person of the informant has not been proved. It has further been submitted that all the witnesses are closely related to the informant and are highly interested. He has also stated, that the appellant no. 4 Raj Nath Rai is 75 years old and appellant no. 5 Ballam @ Ballam Rai is 85 years old. There is nothing on the record to show that they have any criminal antecedent. Though, it has been submitted that the I.O. has not been examined but the witnesses P.Ws. 1, 2, 3 & 4 have supported that the informant Kapildeo Rai was assaulted by the accused persons with countrymade pistols and he received injuries on his person. 11. So far the submission of learned counsel for the appellants that all the witnesses are related but from the story of prosecution it appears that they all have seen the occurrence and are competent witnesses. Their testimony is consistent and cannot be discarded only on the ground that they are closely related to the informant. There is no contradiction about the place of occurrence, as such non-examination of the I.O. has not caused any major prejudice to the case of the appellants. The injured informant has himself supported the manner of assault on his person which also corroborated from Ext. X i.e. discharge slip issued by the doctor of P.M.C.H. Though, the doctor has not been examined but the injured informant himself got exhibited the papers regarding his treatment in the hospital which has been marked as Ext. X. He also got exhibited his cloths showing the blood stains on it. He has also proved his signature on his fard beyan marked as Ext. 1. On appreciation of evidence and material on record the Court below has rightly convicted the appellants for the offence punishable under Ss. 324 of the Indian Penal Code and 27 Arms Act. 12. X. He also got exhibited his cloths showing the blood stains on it. He has also proved his signature on his fard beyan marked as Ext. 1. On appreciation of evidence and material on record the Court below has rightly convicted the appellants for the offence punishable under Ss. 324 of the Indian Penal Code and 27 Arms Act. 12. I do not find any reason to interfere with the conviction of the appellants. 13. However, coming to the question of sentence, the submission of learned counsel that the occurrence is of 1987 i.e. 19 years back and all the appellants have been mentally and physically harassed between the prolong litigation and two of the appellants are aged about 75 and 85 years of their age and they all have remained in jail for sometime. 14. Therefore, I am of the view that it would be expedient in the interest of justice if the sentences of the appellants are reduced to the period they have already undergone in the jail. 15. With the aforesaid modification in the sentence, this appeal is dismissed. 16. Since learned counsel Mr. Ravindra Kumar Sinha, No. 2 has assisted the Court as Amicus Curiae, he will be paid his remuneration by the Patna High Court, council of Legal Aid and Advice Committee, in accordance with law.