JUDGMENT : Smt. Anjana Prakash, J.- Sole appellant has been convicted under Section 307 and 452, IPC and also Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for ten years, three years and one year respectively by judgment dated 27.11.2000/30.11.2000 passed by the 1st Additional Sessions Judge, Purnea, in Sessions Trial No. 42 of 1997/20 of 1999. 2. The case of the informant is that her husband and his brother had formed two groups for reasons of land dispute. The rival camp was being supported by the present appellants. On the date of occurrence, allegedly he went to the house of Badri Prasad Das to demand explanation as to why he was favouring Rajendra Prasad Das. The wife of Badri Prasad Das intervened and begged the appellant not to do anything. Thereafter, he went to the courtyard of the informant, abused her husband. He also fired at him which hit him on the shoulder. Thereafter, he assaulted with the butt of the pistol. The informant intervened and snatched pistol from his hand where after he went and brought another pistol but in the meanwhile several villagers gathered and so, he fled away. 3. During trial, the prosecution examined eight witnesses out of whom, PW 1, Suresh Das, PW 2, Sadhu Lal Das, and PW 3, Yogendra Uroan, are formal witnesses. PW 4, Gupteshwar Yadav, is hostile, PW 5, Tara Devi, is the informant, PW 6, Rajendra Prasad Das is the injured and PW 7, Dr. Arun Kumar Ambastha, had examined the injured, whereas, PW 8, Bharat Prasad is the Investigating Officer. 4. PW 7, Dr. Arun Kumar Ambastha, found one circular injury on right upper arm 1/2" diameter and one wound of exit 1" circular of posterior surface of right upper arm. Nature of both injuries was simple. 5. PW 5, Tara Devi, stated that while her husband was taking meal, appellant came to the courtyard and started abusing her husband and that he would teach him lesson for quarrelling with Shmabhu Prasad. She further stated that thereafter the appellant fired from his pistol at her husband which caused injury on right shoulder and then her husband caught hold of the appellant at which he started assaulting with butt of the pistol. Then she intervened and snatched away the pistol from him at which the appellant fled away and brought another pistol. She further stated that thereafter the appellant fired from his pistol at her husband which caused injury on right shoulder and then her husband caught hold of the appellant at which he started assaulting with butt of the pistol. Then she intervened and snatched away the pistol from him at which the appellant fled away and brought another pistol. In the meanwhile, the villagers gathered on account of which he fled away. She stated that a dispute was going on between the brothers of her husband in which an incident of free fight had earlier taken place between them and it is on account of the appellant siding with the rival party that the present assault upon her husband took place. PW 6, Rajendra Prasad Das, has supported his wife in all material particulars. 6. Learned counsel for the appellant submits that even accepting the prosecution case as it is no offence under Section 307, IPC is made out, inasmuch, as in the intervening circumstances the shot was not repeated and the next assault was only with the butt of the pistol which indicates that the intent of the appellant was not to cause death of the injured. In the facts and circumstances of the case, at best an offence under Section 324, IPC would be made out. 7. I am inclined to accept the submission raised on behalf of the appellant. Hence, conviction of the appellant under Section 307, IPC is converted to one under Section 324, IPC. Sentence under each count is reduced to one already undergone by him during trial i.e. more than a year. 8. In the result, the appeal is dismissed with aforesaid modification in conviction and sentence. Appeal dismissed.