Multiple choice

A and B went to cause murder of C. A was with a spear and B was with a stick. B caught C and beat C with stick. A did nothing while B was beating. When C fell down and became unconscious A took him to a nearby hospital for care where he died.

  1. A and B both are liable under Sections 302 and 34 of Indian Penal Code.

  2. A is liable under Section 302 of the Indian Penal Code but B is liable for nothing.

  3. B is liable for murder and A is liable for abetment of murder.

  4. None of the above.
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A Correct answer
Explanation

Both A and B went to commit murder with common intention under Section 34 of the Indian Penal Code. Even though A did not physically strike the final blows and later took the victim to the hospital, his initial participation with a deadly weapon in furtherance of the common intention makes both equally liable under Section 302 read with Section 34.

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