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Volume No - 10 Issue No - 10
Even though there may be some evidence that the main
accused took out a pistol and opened fire, the Prosecution has
miserably failed to establish any common, premeditated or
prearranged intention jointly of the accused appellant and the main
accused Khilai to kill the complainant, on the spot or otherwise.
The Prosecution has also failed to prove that the pistol was fired at
the exhortation of the accused appellant. In our considered view,
the Sessions Court and the High Court both fell in error in
convicting the accused appellant. Accused acquitted.