(c) (“A”) a jailor has the charge of (“Z”) a prisoner. (“A”) intending to
cause (“Z’s) death illegally omits to supply (“Z”) with food, in
consequence of which (“Z”) is much reduced in strength but the
starving is not sufficient to cause his death. (“A”) is dismissed from
his office and (“B”) succeeds him. (“B”) without collusion or
cooperation with (“A”) illegally omits to supply (“Z”) with food,
knowing that he will probably thereby cause (“Z’s”) death. (“Z”) dies
of hunger. (“B”) is guilty of murder; but as (“A”) did not cooperate
with (“B”) (“A”) is guilty only of an attempt to commit murder.
Section 81 -
“Persons Concerned in Criminal Act May be Guilty of Different
Offences”: Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different offences by
means of that act.
Illustration - (“A”) attacks (“Z”) in such circumstances of grave provocation
that his killing of (“Z”) would be only culpable homicide not amounting to
murder. (“B”), having ill will towards (“Z”) intending to kill him and not
having been subject to the provocation, assists (“A”) in killing (“Z”).
(Here), though (“A”) and (“B”) are both engaged in causing (“Z’s” death,
(“B”) is guilty of murder and (“A”) is guilty only of culpable homicide not
amounting to murder.
PART 6 ABETMENT
Section 82 - “Abetment Defined”: A person abets the doing of a thing, who:(a) instigates any person to do that thing; or
(b) engages with one or more other person or persons in conspiracy for the
doing of that thing; or
(c) intentionally aids or facilitates by any act or illegal omission the doing of
that thing.
Explanation: A person who by willful misrepresentation or by willful
concealment of a material fact which he is bound to disclose, voluntarily
causes or procures or attempts to cause or procure a thing to be done
instigates the doing of that thing within the meaning of this Chapter.
Illustrations:(a) (“A”) is authorized by a warrant from a Court to arrest (“Z”). (“B”),
knowing that fact and also that (“C”) is not (“Z”) willfully represents to
(“A”) that (“C”) is (“Z”) and thereby intentionally causes (“A”) to arrest
(“C”). Here (“B”) abets by instigation the arrest of (“C”).
19