Five persons conspire to loot a bank. Two of them, M & N stay on in car, with engine running on, at entrance of the bank. Three of them X,Y & Z enter the bank. X shoots the cashier & Y & Z loot the cash. Police suddenly reaches the bank & apprehend Y & Z but X escapes on seeing the police enter the bank. M & N also run away in the car. Later on, all the five are arrested & charged with the offence of dacoity, looting & murder. M & N plead that they are not guilty of any of offences certainly not murder & looting as they did not participate in any of these offences. Should their plea prevail?
Explanation:
This scenario involves a criminal conspiracy and common intention under Section 34 of the Indian Penal Code. All five persons conspired to loot the bank. M & N's presence in the car, ready for escape, indicates their active participation and furtherance of the common intention to commit dacoity (which includes robbery and murder if committed during the act). Therefore, they are equally liable for all acts committed in furtherance of that common intention.