Q. Give correct response. A concerts with B a plan of poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. In this case C’s liability is as follows : (Solved)
1. C will not be liable for abetment by conspiracy because C can only be held liable if he had concerted with A and B.
2. C would be liable for attempting to commit murder but not for committing murder because the poison was administered by A.
3. C is not liable for murder because he never conspired with A.
4. Though A and C have not conspire together yet C has been engaged in the conspiracy in pursuance of which Z has been murdere C has, therefore, abetted the offence of murder and would be liable to the punishment of murder.
- d. Though A and C have not conspire together yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has, therefore, abetted the offence of murder and would be liable to the punishment of murder.