A instigates B to instigate C to murder Z. B accordingly instigates C...
A: Not guilty of any offence
B: Not guilty of abetting murder
C: Guilty of murder
D: Guilty of abetting murder
Explanation:
To understand the answer, we need to understand the concept of abetment and its elements. Abetment is defined under Section 107 of the Indian Penal Code, 1860. According to this provision, abetment involves three elements: instigation, conspiracy, and intentional aid.
In this scenario, A instigates B to instigate C to murder Z. Let's break down the actions of each person involved:
1. A instigates B: A encourages or provokes B to instigate C to commit the crime of murder.
2. B instigates C: B, acting on A's instigation, encourages or provokes C to commit the crime of murder.
3. C commits murder: C, influenced by B's instigation, actually commits the offense of murder.
Based on these actions, we can analyze the guilt or innocence of each person involved:
1. A: A is guilty of abetment by conspiracy (Option C). A has conspired with B to instigate C to commit the crime of murder. A's instigation and involvement in the conspiracy make them liable for abetment.
2. B: B is guilty of abetting murder (Option D). B, acting on A's instigation, has actively encouraged and provoked C to commit the crime of murder. B's actions amount to abetment as per Section 107 of the IPC.
3. C: C is guilty of murder. C, influenced by B's instigation, commits the offense of murder. As the primary offender, C is directly responsible for the crime.
It is important to note that the guilt of A and B is based on their actions of instigation and conspiracy, respectively. They are held responsible for their role in encouraging and provoking the commission of the crime. However, the primary responsibility for the offense of murder lies with C, who actually carried out the act.
Therefore, the correct answer is option D: A is guilty of abetting murder, B is guilty of abetting murder, and C is guilty of murder.
A instigates B to instigate C to murder Z. B accordingly instigates C...
In this situation, B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concur with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.