Facts of the Case
- A had a strong desire and intention to kill C.
- A instigated B and urged him to murder C.
- B refused or ignored A’s instigation and performed no act towards the commission of murder.
- After B’s refusal, A engaged X to commit the murder.
- Under A’s direction, X murdered C.
- A question arises whether B is criminally liable even though he did not follow the instigation.
Issues in the Case
- Whether B is liable for any offence for merely being instigated to commit murder?
- Whether refusal to commit an offence can amount to abetment?
- Whether B can be charged with criminal conspiracy or attempt to murder?
- Whether A alone is liable for the murder committed through X?
- Whether X is liable as the actual perpetrator of the murder?
Legal Principles Covered to Support Case Proceedings and Judgments
A. Abetment – Section 107 IPC
Section 107 defines abetment as:
- Instigation, or
- Conspiracy, or
- Intentional aiding.
A instigated B, but B neither agreed nor acted, so no abetment occurred from B’s side.
B. Liability of the Person Instigated
To hold B liable, the following must be shown:
- Agreement (conspiracy), or
- An act or attempt, or
- Aid to the offence.
Since B refused the instigation:
- No conspiracy → Section 120A IPC does not apply.
- No abetment → Section 107 IPC does not apply.
- No attempt → Section 511 IPC does not apply.
Therefore, B is not criminally liable.
C. Mere Instigation Does Not Create Offence for the Instigated Person
Liability requires:
- Actus reus (guilty act), and
- Mens rea (guilty intention).
B had neither, so he cannot be punished.
D. Liability of A
A is guilty because:
- He first committed abetment by instigation (Section 107 read with Section 109 IPC) when he tried to convince B.
- When B refused, A personally arranged for X to commit the offence.
- A is the mastermind, making him liable under:
- Section 302 IPC – Murder
- Section 109 IPC – Abetment of murder
- Or Section 34 IPC, if he acted in furtherance of common intention with X.
Thus, A bears full criminal liability for the murder of C.
E. Liability of X
- X is the actual perpetrator who caused the death of C.
- Therefore, X is liable under Section 302 IPC for murder.
Possible Judgment
(A) Liability of B
B is not punishable, because:
- He did not respond to the instigation.
- He did not intend to kill C.
- He performed no overt act.
- The law does not punish the mere receipt of instigation.
Thus, B must be acquitted.
(B) Liability of A
A is fully responsible because:
- He instigated B (failed abetment).
- He then successfully executed the murder through X.
A is guilty of:
- Murder (Section 302 IPC)
- Abetment of murder (Section 109 IPC)
(C) Liability of X
X, having physically killed C, is guilty of:
- Murder under Section 302 IPC
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