JUDGMENT :

INDIRA BANERJEE, J.

1. This appeal is against a judgment and order dated 5th November, 2008 passed by the High Court of Madhya Pradesh at Jabalpur, dismissing Criminal Appeal No. 1050 of 1994 filed by the appellant and upholding the judgment dated 26th August, 1994 passed by the Additional Sessions Judge, District Panna, Madhya Pradesh in Sessions Case No. 13/1993, inter-alia, convicting the accused appellant of offence under Section 307 read with Section 34 of the Indian Penal Code.

2. The accused appellant was tried by the Sessions Court, on charges under Section 307/34 of the Indian Penal Code, for attempt, with common intent along with the main accused Khilai, to murder the complainant and for instigating the said accused Khilai to fire at the complainant with a country made pistol, in furtherance of a common intent to kill the complainant.

3. In a nutshell, the case of the Prosecution is that, on 22nd October, 1992 at about 11.00 a.m. there was a quarrel between the accused appellant and the complainant, in which the said accused Khilai intervened. The said accused Khilai who had joined the accused appellant and the complainant, took out a country made pistol from the p