Facts of the Case
- John and Sam entered into an agreement to murder Rosy.
- Their plan was to administer poison at regular intervals to cause her death slowly.
- Both participated actively in administering the poison.
- Due to the cumulative poisoning, Rosy ultimately died.
- The criminal act was premeditated, intentional, and jointly executed.
- Both accused were arrested and charged after Rosy’s death.
Issues in the Case
- Whether the agreement between John and Sam to kill Rosy constitutes a criminal conspiracy under IPC?
- Whether administering poison intentionally amounts to murder under Section 300 IPC?
- Whether both are liable for murder under Section 302 read with Section 34 IPC (common intention)?
- Whether the repeated administration of poison establishes premeditation and intention?
Legal Principles Covered
A. Murder – Section 300 IPC
Murder is committed when the act is done with:
- Intention to cause death, or
- Knowledge that act is so imminently dangerous that death is certain.
Administering poison repeatedly with intent to kill squarely falls under murder.
B. Punishment for Murder – Section 302 IPC
- Whoever commits murder is punished with death or imprisonment for life, and fine.
Both John and Sam intentionally caused Rosy’s death → Section 302 applies.
C. Common Intention – Section 34 IPC
- When a criminal act is done by several persons in furtherance of common intention, each is liable as if he alone did the act.
Their joint plan and coordinated poisoning show clear common intention.
D. Criminal Conspiracy – Section 120A & 120B IPC
- An agreement between two or more persons to commit an illegal act constitutes criminal conspiracy.
- Since they agreed to kill Rosy, conspiracy is clearly established.
E. Administering Poison as an Act of Murder
Indian courts have consistently held that:
- Repeated administration of poison,
- Secret administration,
- With intent to cause death
→ Amounts to murder.
Possible Judgement
Court’s Likely Findings:
- John and Sam planned to kill Rosy.
- They executed the plan by repeatedly administering poison.
- Rosy’s death is the direct result of their intentional acts.
- Their actions fulfil all essential ingredients of murder under Section 300 IPC.
- Their joint participation establishes common intention under Section 34 IPC.
- The initial agreement to kill also constitutes criminal conspiracy under Section 120B IPC.
Probable Judicial Outcome:
- Guilty of Murder under Section 302 read with Section 34 IPC.
- Guilty of Criminal Conspiracy under Section 120B IPC.
- Both are liable for life imprisonment or death penalty, depending on case gravity.
Final Conclusion:
John and Sam committed the offence of murder, punishable under Section 302 read with 34 IPC, along with criminal conspiracy under Section 120B IPC.
About lawgnan
To understand how murder by poisoning is interpreted under the IPC and why joint participation creates liability under Sections 302, 34, and 120B, visit Lawgana.in. The platform provides clear, structured, and exam-focused legal explanations ideal for judiciary aspirants, LL.B/LL.M students, lawyers, and competitive exam candidates. Learn how conspiracy, intention, and coordinated actions convert a plan into the offence of murder under Indian criminal law. For detailed case analyses, IPC notes, and simplified legal study material, explore Lawgana.in—your trusted guide for mastering criminal law concepts with ease and accuracy.
