INDIAN PENAL CODE
38: Persons Concerned In
Criminal Act May Be Guilty Of Different Offences::--Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different offences by means
of that act.
Illustration
A attacks Z under
such circumstances of grave provocation that his killing of Z would be only
culpable homicide not amounting to murder. B, having ill-will towards Z and
intending to kill him, and not having been subject to the provocation assists A
in killing Z. Here, though A and B are both engaged in causing Z’s death. B is
guilty of murder, and A guilty only of culpable homicide.
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