A engaged B, a hired assassin to kill c. B killed C for 1 lac rupees. whether A should be charged for murder u/s 302 or he should be charged for abetment of murder u/s 302 r.w.109 ? it is clear that punishment is same in both the cases.
mukesh gupta (advocate) 24 February 2012
A engaged B, a hired assassin to kill c. B killed C for 1 lac rupees. whether A should be charged for murder u/s 302 or he should be charged for abetment of murder u/s 302 r.w.109 ? it is clear that punishment is same in both the cases.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 February 2012
It is abetment 109 r/w 302 - punishment vide S.115.
Lawyer Saurabh (Finance Professional) 25 February 2012
This is a sure shot case of cognizable crime and no way A can defend himself.... so A would be charge with IPC section 302 but as he di not directly involved in murder so the charges would be filed as per abetment 109 r/w 302 and C wud be prosecuted under sec 302. That is what my opinion....
Regards
Saurabh Sharma
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