Principle When a criminal act is done by several persons in furtherance of the common intention...........

Code of Criminal Procedure (CrPC) 1973 Others

Principle: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Facts: Roshan along with two of his friends, Tushar and Tarang proceeded to the house of Darshan in order to avenge an insult made by the brother of Darshan. They opened fire on the members of Darshan’s family. It was found that the shots of Roshan did not hit anyone. but the shots of Tushar and Tarang succeeded in killing Darshan.

Roshan was not liable for the offence of murder of Darshan. as Roshan’s shots did not hit Darshan

Only Tushar and Tarang were liable for the offence of murder of Darshan. as their shots hit Darshan

Roshan along with Tushar and Tarang was liable for the offence of murder of Darshan

Roshan was liable to a lesser extent comparing to his fiiends for the offence of murder of Darshan. as Roshan?s shots did not hit Darshan

Explanation:

In this case all the three proceeded to Darshan’s house with a common intention. Thus, the first requirement of the principle is met. Thereafter all of them proceeded to fire including Roshan, thus becoming party to the criminal act. Therefore as per the principle Roshan is equally guilty irrespective of the fact whether his bullet hit the victim or not.