A abets B to rob C, B attempts to rob C, C resists B from doing so. During such an attempt of robbery, B has to fire at C in order to complete the offence of robbery. As a result of such firing from a gun, C is seriously injured and admitted to the hospital….

Question: A abets B to rob C, B attempts to rob C, C resists B from doing so. During such an attempt of robbery, B has to fire at C in order to complete the offence of robbery. As a result of such firing from a gun, C is seriously injured and admitted to the hospital. After two days C dies in hospital due to an injury sustained from a gunshot. A is prosecuted for abetment for robbery and also for abetment for murdering C. During the trial, it was argued by the lawyer of A in his defence that A is not guilty of ‘abetment for murder’ of C, as he neither abetted B to murder C nor he had such intention. Presuming yourself to be a Judge, decide, whether the argument of A is acceptable?

Find the answer to the mains question only on Legal Bites. [A abets B to rob C, B attempts to rob C, C resists B from doing so. During such an attempt of robbery, B has to fire at C in order to complete the offence of robbery……]

Answer

Section 111 of IPC talks about the Liability of abettor when one act abetted and a 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 the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Thus, the principle of the probable consequence of an act can be described as an act that is likely or which can reasonably be expected to follow from such an act.

Section 112 further provides that an Abettor when liable to cumulative punishment for act abetted and for an act done: If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

This section merely extends in a logical manner, the principles regarding liability when an act has been committed in pursuance of an abetment. In a way, this section extends the doctrine of constructive liability. Thus, providing that an abettor is liable to the punishment of an offence which is committed in consequence of his abetment, which is different and apart from the intended offence, only materially enlarges the liability of the abettor to punishment for both the offence actually abetted, as also that which was a probable consequence of the abetment, provided of course that the two offences are distinct.

In the present case, A abets B to rob C, B attempts to rob C, C resists B from doing so. During such an attempt of robbery, B has to fire at C, in order to complete the offence of robbery. As a result of such firing from a gun, C died. As B has committed both the offence of robbery, and the offence of attempt to murder, B is liable to punishment for both these offences; and, if A knew that B was likely to shoot in the course of committing theft, A will also be liable to punishment for each of the offences. Here, A shall be deemed to have the knowledge that the grievous hurt or murder of the person is likely to follow in the attempt of robbery when B was carrying a gun with him. Thus, A is guilty of both offences.

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