Z with food supplied to them for that purpose. Z dues of hunger. Both
A and B are guilty of the murder of Z.
---------------------------------------------------------------------1.
Subs. by Act 27 of 1870, s. 1, for the original section.
108
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to
cause Z's death, illegally omits to supply Z with food; in consequence
of which Z is much reduced in strength, but the starvation is not
sufficient to cause his death. A is dismissed from his office, and B
succeeds him. B, without collusion or co-operation with A, illegally
omits to supply Z with food, knowing that he is likely thereby to
cause Z's death. Z dies of hunger. B is guilty of murder, but, as A
did not co-operate with B. A is guilty only of an attempt to commit
murder.
38.
Persons concerned
offences.
in
criminal
Act
may
be
guilty
of
different
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 is guilty only of culpable homicide.
39.
"Voluntarily".
39. "Voluntarily".--A
person is
said to cause an effect
"voluntarily" when he causes it by means whereby he intended to cause
it, or by means which, at the time of employing those means, he knew
or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for
the purpose of facilitating a robbery and thus causes the death of a
person. Here, A may not have intended to cause death; and may even be