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Supreme Court of India · 06/02/2020

CHHOTA AHIRWAR versus THE STATE OF MADHYA PRADESH

[2020] 3 S.C.R. 776 · 2020 INSC 138

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Summary

The Supreme Court acquitted an appellant convicted of attempted murder through common intention. He had neither carried nor fired the pistol, and the evidence did not reliably establish his alleged exhortation or a shared intention to kill. Material omissions and inconsistent accounts, the shooter’s chance intervention and prior family disputes created doubt. The Court reiterated that common intention may arise at the scene, but must be proved rather than inferred from mere presence or participation.

Issues

  1. Whether the prosecution proved a shared intention to kill and the appellant’s alleged instigation sufficient for Section 307 read with Section 34 liability.

Held

Result

Appeal allowed; appellant’s conviction and sentence set aside. He was acquitted and directed to be set free forthwith. Merits of principal accused Khilai’s conviction expressly not considered; any appeal by him to be decided independently.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 776.