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Facts: 'A' Knows 'Z' to Be Behind a Bush. 'B' Does Not Know It. 'A', Intending to Cause, Or Knowing It to Be Likely to Cause Z'S Death, Induces 'B' to Fire at the Bush. 'B' Fires and Kills 'Z'. - Legal Reasoning

MCQ

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with, the knowledge that he is likely by such act to cause death, commits the offense of culpable homicide.

Facts: 'A' knows 'Z' to be behind a bush. 'B' does not know it. 'A', intending to cause, or knowing it to be likely to cause Z's death, induces 'B' to fire at the bush. 'B' fires and kills 'Z'.

Options

  • 'B' has committed the offense of culpable homicide

  • 'A' has committed the offense of culpable homicide

  • Both 'A' and 'B' have committed the offense of culpable homicide

  • None of them has committed the offence of culpable homicide

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Solution

'A' has committed the offense of culpable homicide

Explanation:

The principle given here is similar to that enshrined in Section 299 of the Indian penal code which deals with culpable homicide.  
Here, A has committed the offense of culpable homicide,  however, B is not guilty of any offense because he "'A' has committed the offence of culpable homicide" was not aware that Z is behind the bush. 

Concept: Criminal Law
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