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Guptan Veemboor (None)     29 June 2012

Death by shooting

I have one doubt.

Two people A and B shoots a volley of shots at two persons X and Y with the same type of guns. A and B did not target any of the persons in particular but shot in the general direction. One shot each had pierced through the bodies of X and Y and bullets fell outside the bodies. Both Xand Y were killed.

Then how do you know who killed X and Y ? It could be the shots fired by A killed one of them or both of them. Or the shots fired by B could have killed one of them or both of them. If it was the shots fired by A which killed both of them, it is not proper to punish B for murder. And the same way if it was the shots fired by B which killed both of X and Y it is not proper to punish A for murder. When A and B fired the shots there was intent to murder but it need not have resulted in murder.

Will both A and B be punished for murder irrespective of whose shots killed X and Y or both not punished for murder but for lesser crime ?

I ask this with respect to the Enrica Lexie affair. How to know whether both the Italian Marines are guilty of shooting and killing the fishermen or one marine's shot killed both of them?

Guptan Veemboor



Learning

 2 Replies

Anjuru Chandra Sekhar (Advocate )     29 June 2012

Section 34 of Indian Penal Code. Acts done by several persons in furtherance of common intention


134. Acts done by several persons in furtherance of common intention.- When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

 

Hence, if one of them is convicted for murder, then other receives same punishment.

Guptan Veemboor (None)     29 June 2012

Thank you sir. I read about a judgement in the case of more than one persons who clubbed and killed a person. Post moretem report showed that he was killed by a blow with a sharp and heavy instrument. One of the attackers was using some iron instrument and hence it was concluded that it was his blow which killed the person and he was punished for murder. What happened to others I do not remember. I will take that if not proved the guilt of a particular  person everyone will be assumed to be equally guilty.

Once again thank you very much.

Regards,

V.K.Guptan


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