a.m. he came to know that his co-villagers, Vijay Yadav, Indradeo Yadav, Brijendra Yadav and Satyendra Yadav sons of Padarath Yadav are opening door in his land whereupon, he rushed. When he reached at the spot, he found Vijay Yadav and Indradeo Yadav armed with country made pistol, Satyendra Yadav possessing cartridges. He said that first of all land be measured, whereupon, Brijendra Yadav provoked to assault, Vijay Yadav shot at him with an aim to commit murder but, he managed to escape. During midof, his father arrived, who was also aimed at by Vijay Yadav, but again the aim missed. Then he ran there from raising alarm whereupon Vijay Yadav again fired without any harm. During course of running, he fell down as a result of which he sustained injury over his knee. Dev Prasad, Kamta Yadav, Jagdish Yadav, Brajesh Kumar Yadav, Sanjay Yadav, Nagdev Yadav and others have been cited as eye witnesses. It has been stated that the aforesaid land happens to be his ancestral property for that, in the year 1960 there was litigation with the grand-father of the accused and the case was decided in the year 1964. Since thereafter they were trying to open darwaja in his land. After registration of Rafiganj P.S. Case No. 61 of 1995 followed with an investigation as well as submission of charge-sheet, facilitated the trial whereunder by the judgment impugned, others have been acquitted while appellant has been convicted in the manner indicated above, subject matter at instant appeal.
