Multiple choice

Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the three alternatives given. Encircle your choice.

Principle: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such persons is liable for the act in the same manner as if it were done by each one of them.

Facts: A, B and C decided to commit burglary. They broke into a locked house. However, a domestic servant appeared from the out-house before they had finished, and started shouting. A, B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By that time B and C had disappeared. Z died on account of the stab wounds. Later the police could arrest all the three. They were charged for attempted burglary and murder of X.

  1. Along with A - the person who stabbed X - B and C are also guilty of murder because A stabbed X in furtherance of common intention of commit murder.

  2. Along with A, B and C are also guilty of murder because A, at the time of stabling X, was acting on behalf of B and C and he wanted to save not only himself but B and C as well.

  3. A alone is guilty of murder because though there was common intention to commit the offence of burglary, there was no common intention to commit the offence of murder.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Section 34 IPC (common intention), all persons sharing a common intention are liable for acts done in its furtherance. However, the common intention here was limited to 'commit burglary', not murder. A's act of stabbing X was not in furtherance of their pre-existing plan - it was A's independent act during flight. Since B and C had no knowledge of nor agreed to use violence causing death, they're not liable for the murder under Section 34. Only A is guilty.

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