Case Note & Summary
The Supreme Court allowed the appeal of Chhota Ahirwar against his conviction under Section 307 read with Section 34 of the Indian Penal Code for attempt to murder. The case arose from an incident on 22 October 1992 where the complainant sustained injuries from a pistol fired by the main accused Khilai. The prosecution alleged that the appellant instigated Khilai to fire. The trial court convicted the appellant, and the High Court upheld the conviction. However, the Supreme Court found that the complainant's statement to the police under Section 161 CrPC did not mention any instigation by the appellant. The eyewitness PW-4 deposed that the appellant asked Khilai to 'beat' the complainant, not 'kill' him, contradicting the complainant's version. Three prosecution witnesses were declared hostile. The court held that the evidence was insufficient to prove instigation or common intention to murder beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Section 307/34 IPC - Instigation - The appellant was convicted for instigating the main accused to fire at the complainant, but the complainant's statement to the police under Section 161 CrPC did not mention any instigation by the appellant. The eyewitness (PW-4) gave a different version, stating the appellant asked to 'beat' not 'kill'. The Supreme Court held that the conviction cannot be sustained due to material discrepancies and lack of corroboration. (Paras 16-22) B) Evidence Law - Hostile Witness - Corroboration - Three prosecution witnesses were declared hostile and did not support the prosecution case. The court noted that their evidence could not be used to establish guilt. (Paras 8, 19) C) Criminal Law - Common Intention - Section 34 IPC - The appellant neither carried arms nor fired. The evidence of instigation was inconsistent. The court held that the ingredients of common intention to murder were not proved beyond reasonable doubt. (Paras 16, 22)
Issue of Consideration
Whether the conviction of the appellant under Section 307 read with Section 34 of the Indian Penal Code for instigating the main accused to fire at the complainant is sustainable based on the evidence on record.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges.
Law Points
- Section 307/34 IPC
- instigation
- common intention
- hostile witness
- corroboration
- discrepancy in evidence
