(b) (“A”) and (“B”) conspire to poison (“Z”). (“A”) in pursuance of the
conspiracy procures the poison and delivers it to (“B”) in order that he
may administer it to (“Z”). (“B”) in pursuance of the conspiracy
administers the poison to (“Z”) in (“A’s”) absence and thereby causes
(“Z’s”) death. Here (“B”) is guilty of murder. (“A”) is guilty of
abetting that offence by conspiracy and is liable to the punishment for
murder.
Section 85 -
“Abetment if Person Abetted does the Act with Different Intention
from that of Abettor”: Whoever abets the commission of an offence
shall, if the person abetted does the act with a different intention or
knowledge from that of the abettor, be punished with the punishment
provided for the offence which would have been committed if the act had
been done with the intention or knowledge of the abettor and with no
other.
Section 86 -
“Liability of Abettor when one act Abetted and Different act done”:
When an act is abetted and a different act is done, the abettor is liable for
the act done in the same manner and to the same extent as if he had
directly abetted it; provided that the act done was a probable consequence
of the abetment and was committed under the influence of the instigation
or in pursuance of the conspiracy or with the aid which constituted the
abetment.
Illustrations:(a) (“A”) instigates a child to put poison into the food of (“Z”) and gives
him poison for that purpose. The child, in consequence of the
instigation, by mistake puts the poison into the food of (“Y”), which is
by the side of that of (“Z”). Here, if the child was acting under the
influence of (“A’s”) instigation and the act done was in the
circumstances a probable consequence of the abetment, (“A”) is liable
in the same manner and to the same extent as if he had instigated the
child to put the poison into the food of (“Y”).
(b) (“A”) instigates (“B”) and (“C”) to break into an inhabited house at
midnight for the purpose of robbery and provided them with arms for
that purpose, (“B”) and (“C”) break into the house and being resisted
by (“Z”) one of the inmates, murder (“Z”). Here, if that murder was
the probable consequence of the abetment, (“A”) is liable to the
punishment provided for murder.
Section 87 -
“Abettor when Liable to Cumulative Punishment for Act Abetted and
for act Done”: If the act for which the abettor is liable under section 86 is
committed in addition to the act abetted and constitutes a distinct offence,
the abettor is liable to punishment for each of the offences.
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