In Brief
A man was convicted of attempt to murder under Section 307 read with Section 34 of the Indian Penal Code for allegedly instigating another to fire a country-made pistol at the complainant. The Supreme Court acquitted the appellant, holding that while the main accused did fire the pistol, the prosecution failed to prove any pre-arranged common intention between the appellant and the main accused to kill the complainant. The Court found the alleged instigation was spoken on the spur of the moment and that the main accused's intervention appeared to be by chance, not pursuant to a prior plan. Common intention under Section 34 requires proof of premeditated agreement known to all accused, which was absent here.
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