Delhi APO 2005

A and B go with intent to kill C. A stood on guard with a spare gun in hand but did not shoot C. B killed C. Which one of the following is correct?

Verified Answer
A. A and B both are equally liable for murder of C
B. A is not liable as he did nothing
C. Only B is liable for murder of C
D. None of the above

Explanation:

This scenario falls under Section 34 of the IPC, which deals with acts done by several persons in furtherance of common intention. If 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. Here, A and B went with a common intention to kill C, and B killed C while A stood guard. A's presence and role in standing guard with a spare gun indicate active participation in furtherance of the common intention. Therefore, both A and B are equally liable for the murder of C.