Learned counsel for the appellant submitted that according to the prosecution version, FIR in present case has been lodged at the instance of Ramesh, who is father of the injured on 24.10.2022, wherein he has stated that on 23.10.2022 at 6:00 P.M. his son Anil was coming to home from a shop. He was accompanied with Ram Prakash. When he reached near house of Oma, wife of Babulal, Yogendra had lost money in gambling and his son stopped there and engaged in talks. Yogendra got furious to this and exhorted his son that how this 'Khatik' is standing here. Shoot him, how he can stand beside Jaat . On exhortation of his father, Karan shot a fire which hits his abdomen. Karan also abused the injured, who belongs to lower caste and threatened him with life. After the incident, Yogendra and Karan fled from the place of incident. He further submitted that the FIR has been lodged after 24 hours of the incident. No recovery of any firearm has been effected from the accused appellant or his pointing out. He next submitted that father of the Karan namely Yogendra Singh is also named in the FIR as an accused but his name is dropped during investigation as his presence was not substantiated during investigation. The house owner Oma Devi, in front of whose house the incident allegedly occurred, has not seen the occurrence and she came to know that Karan had shot Anil. The genesis of incident has changed from
