Question

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 person is liable for the act in the same manner as if it were done by each one of them.

A B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house 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 the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all three. They were charged for attempted burglary and murder of X.

पर्याय

• 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

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

• 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

• None of the above

Answer 1

A alone is guilty of murder because though there was common intention to commit the offense of burglary, there was no common intention to commit the offense of murder

Explanation:

According to the principle, the common intention of all three was to commit burglary not murder. But 'A'  alone deviates from the common intention. Therefore,  "A alone is guilty of murder because though there was common intention to commit the offense of burglary, there was no common intention to commit the offense of murder" is correct. Further A's act of murdering X is not in any way furtherance of common intention of robbery as it was done in the process of escaping.