14.4.1998. All the Appellants were present in front of the house of the complainant when the incident took place. Undisputedly, the country made pistol was used by the accused Prakash Tamrakar. So far as the allegations against the other accused Appellants are concerned, they had only gathered together with a common intention of threatening the complainant of dire consequences and also have used abusive languages. The injuries sustained on PW-4 and PW-5, were on the shoulder and on the other non-vital parts of the body and that there was no immediate threat of the injuries proving to be fatal. The evidence which has come on record shows that the complainant (PW-4) a few days back had a fight with the accused Bharat Prasad Tamrakar, who is the Appellant in Criminal Appeal No. 1102 of 2001, and the present incident was in continuation to the said fight. Another fact which cannot be brushed aside is the fact that, all the accused Appellants at the time of incident were young, aged between 20 to 25 years old, and the incident had occurred about 18 years ago and by efflux of time all these Appellants might have settled down well in the mainstream of the society. It also reflects that the act on the part of the accused Appellants was more than account of the folly of youth which happened in the continuation to the fight that the complainant (PW-4) had with the accused Appellant Bharat Prasad Tamrakar a couple of days back. Another aspect which has to be looked into is the fact that, the accused Appellant Prakash Tamrakar who had used the country made pistol has already undergone the sentence of more than one year and three months and the other accused Appellants have remained in jail for a period between two to six months and that the only allegation against the other accused Appellants other than the Prakash Tamrakar, is that of making a unlawful assembly and using abusive languages and giving threat to the complainant. 7. In the light of all the aforesaid prevailing circumstances particularly, keeping in mind the reason which led to the incident, i.e., the previous fight between the complainant and one of the Appellants, this Court is of the opinion that so far as the incident is concerned, from the evidence which has come on record the same stands established and proved and, therefore, the conviction of
