A, B, C, and D jointly plan to beat up X. While X is being assaulted, his daughter intervenes who is molested by D. While retreating from X’s house, B picks up a watch. For what offence A, B, C, and D are liable? Bihar A.P.P. (A.P.O.) Exam, 1981

Question: A, B, C and D jointly plan to beat up X. While X is being assaulted, his daughter intervenes who is molested by D. While retreating from X’s house, B picks up a watch. For what offence A, B, C, and D are liable? Bihar A.P.P. (A.P.O.) Exam, 1981

Find the answer to the mains question of IPC only on Legal Bites. [A, B, C and D jointly plan to beat up X. While X is being assaulted, his daughter intervenes who is molested by D. While retreating from X’s house, B picks up a watch. For what offence A, B, C, and D are liable?]

Answer

A, B and D are guilty of beating X (hurt or grievous hurt according to the nature of bodily harm or injury that occurred). D will also be liable for molesting of the daughter of X which will be covered under Section 354 of IPC that deals with outraging the modesty of a woman. Further, B would be liable for committing the theft of watches, in addition to beating X.

The reason for the above conclusion goes on as follows: A, B, C, and D jointly plan to beat X. Thus, all four accused persons are guilty of beating X under Section 34, as the offence was committed in furtherance of their common intention. In addition, D is individually guilty of molesting X’s daughter and B is individually guilty of theft of watch as there was no meeting of minds or pre-arranged plan to molest or steal, which is an essential element for invoking common intention under Section 34 of the IPC. The apex court held that pre-arranged plan may develop on the spot during the commission of the offence but the crucial circumstance is that the said plan must precede the act constituting the offence. [Krishna Govind Patil vs. State of Maharashtra, AIR 1963 sc 1413]

In Ramashish Yadav v State of Bihar, (1999) 8 SCC 555, two groups of people clashed over land. The accused side was armed with weapons. Two accused were convicted under Section 302 read with Section 34, IPC the SC, after considering the evidence, held that prior concert or meeting of minds may be determined from the conduct of offenders unfolding itself and by declarations made by them. Other two accused could not be held guilty of the charge under section 302/34 IPC and hence acquitted.

Important Mains Questions Series for Judiciary, APO & University Exams

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