A digs a pit in the way through which B passes and conceals with grass etc., with the intention of killing B. C passes through that way and falls in the pit and is killed. While discussing the concept of intention, decide whether A will be liable for murder of C.

1. Facts of the Case

A dug a pit on a public pathway regularly used by B. He concealed the pit with grass and leaves, intending that B would fall into it and die. However, before B could pass through the path, C unknowingly used the same route, fell into the concealed pit, and died as a result of the injuries sustained. The act of digging and concealing the pit was deliberate, planned, and motivated by the intention to kill B. The question arises whether A can be held criminally liable for the murder of C, who was not the intended victim.

Issues in the Case

1. Whether intention to kill a specific person (B) can be transferred to another person (C).
2. Whether A’s act amounts to murder under Indian criminal jurisprudence.
3. Whether the doctrine of transferred intention applies in this case.
4. Whether A can escape liability on the ground that C was not the intended victim.

Legal Principles Covered to Support Case Proceeding and Judgement

Under Indian criminal jurisprudence, intention plays a vital role in determining criminal liability. Section 300 of the Indian Penal Code defines murder, while Section 301 embodies the doctrine of transferred intention. According to this principle, if a person commits an act with the intention of causing death, and death is caused to someone other than the intended victim, the offender is liable as if the act were directed at the actual victim.

Here, A had a clear intention to cause death by creating a lethal trap. The act was imminently dangerous and done with full knowledge of its probable consequences. Concealment of the pit establishes premeditation and malice aforethought. Hence, the intention to kill B is legally transferred to C, making A fully liable for murder.

Possible Judgement

A will be held guilty of murder under Section 302 of the Indian Penal Code. Although C was not the intended victim, A’s intention to kill is transferred under Section 301 IPC. The death of C was a direct consequence of A’s deliberate and dangerous act. Therefore, A cannot avoid criminal liability merely because the victim was different from the one originally intended.

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