In Brief
Chhota Ahirwar was convicted by the Sessions Court and the High Court of attempting to murder a complainant under Section 307 read with Section 34 of the Indian Penal Code, allegedly by instigating the main accused Khilai to fire a country-made pistol. The Supreme Court found that while the pistol was fired, the prosecution failed to establish any common, pre-arranged intention between the appellant and the main accused to kill the complainant. The evidence showed the main accused intervened by chance and drew the pistol seemingly unprovoked. The Court held that Section 34 requires proof of common intention; mere participation or incitement is insufficient without establishing premeditated or simultaneous consensus. The appeal was allowed, the conviction set aside, and the appellant acquitted.
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