A attacks Z under such circumstances of grave provocation that his kil

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 having been subject to the provocation, assists A in killing Z. Here

both A and B are guilty of murder

both A and B are guilty of culpable homicide not amounting to murder

A is guilty of culpable homicide not amounting to murder while B is guilty of murder

A is guilty of abetment of murder and B is guilty of murder

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UPSC CISF-AC-EXE – 2019

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Option C is correct. A attacks Z under circumstances of grave provocation, which, if resulting in death, would reduce the offence for A to culpable homicide not amounting to murder (Exception 1 to Section 300, punishable under Section 304 IPC). B, however, acts with ill-will and *intending to kill Z*. When two people act together, their individual liability is judged based on their own intentions and knowledge, unless they share a common intention (Section 34) or one abets the other (Section 107 onwards). Here, their intentions are different: A acts under provocation, B acts with intent to kill. B’s act, coupled with the intention to kill, constitutes murder (Section 300). A’s act, under grave provocation, is culpable homicide not amounting to murder.

– The liability of each participant in a criminal act depends on their individual mental state (intention, knowledge) unless Section 34 (common intention) applies.
– Grave and sudden provocation is an exception that reduces the crime from murder to culpable homicide not amounting to murder for the person acting under provocation.
– Intention to kill, without any exception applying, results in the charge of murder.

– Section 35 IPC is relevant: “Whenever an act, which is criminal only by reason of its being done with a particular criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.” This supports the idea that B’s liability is assessed based on B’s intention (murderous), regardless of A’s reduced culpability due to provocation.
– Abetment (Section 107) would apply if B merely instigated or aided A without directly participating in the physical act of killing. The phrase “assists A in killing Z” suggests B is involved in the act, making B liable under Section 35 read with the relevant sections defining the offences.

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