Abhijeet along with Balwinder and Charanjeet picks up a fight with Dheeraj Abhijeet pulls out a gun ...........

Indian Penal Code (IPC) 1860 Offences affecting the Human Body

Abhijeet along with Balwinder and Charanjeet picks up a fight with Dheeraj. Abhijeet pulls out a gun on being provoked by Balwinder and Charanjeet to kill Dharinder who fires the shot at Dharminder but hits Ekram and causes his death. In this case:

Balwinder and Charanjeet can be convicted under Section 302, IPC read with Section 34, IPC

Abhijeet can be convicted under Section 302, IPC by the aid of Section 301, IPC

All the three accused can be convicted under Section 302, IPC by the aid of Section 301, IPC

Both (A) and (B)

छोटे Courses बड़े Results

Master Offences affecting the Human Body

Prepare through Micro-courses

Try Now

Explanation:

- Option 1: Balwinder and Charanjeet can be convicted under Section 302, IPC read with Section 34, IPC, which deals with acts done by several persons in furtherance of a common intention. Their provocation could be seen as sharing a common intention with Abhijeet.

- Option 2: Abhijeet can be convicted under Section 302, IPC by the aid of Section 301, IPC, as he intended to kill Dharinder, but the bullet accidentally killed Ekram. Section 301 covers the principle of ‘transfer of malice’ where the intention to kill persists even if the person killed was unintended.

- Option 3: This option suggests all three can be convicted under Section 302 with the aid of Section 301. However, Balwinder and Charanjeet's roles don't align well with Section 301 as the accidental killing element involves Abhijeet's action directly.

- Option 4: Combining both interpretations, Abhijeet is liable under Section 301, and Balwinder and Charanjeet under 34.

Option 4 - Both (A) and (B) is correct.

“”