In Brief
Chhota Ahirwar was convicted of attempting to murder a complainant under IPC Sections 307 and 34, allegedly in concert with co-accused Khilai. While some evidence showed Khilai possessed and fired a country-made pistol, the Supreme Court found the prosecution failed to prove any pre-arranged common intention between the appellants or that Ahirwar exhorted Khilai to fire. Without establishing common premeditation or instigation, Section 34 could not apply. The conviction was set aside and Ahirwar acquitted, though the co-accused's liability remained unaffected.
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