AIR 1967 SUPREME COURT 553 ::1967 ALL. L. J. 300 ::1967 AllCriR 216 ::1967 MadLJ(Cri) 606 ::1967 BLJR 289 ::(1967) 1 SCR 469 ::(1967) 2 SCJ 175 ::(1967) 1 SCWR 980 ::1967 SCD 671 ::ILR 46 Patna 681

Supreme Court Of India

(From Patna)*

Hon'ble Judge(s): V. Ramaswami, V. Bhargava, Raghubar Dayal , JJJ

(A) Penal Code (45 of 1860) , S.107, S.108, S.115, S.116— Acquittal of person alleged to have committed offence in consequence of abetment-Acquittal how far bars conviction of abettor. It cannot be held in law that a person cannot ever be convicted of abetting a certain offence when the person alleged to have committed that offence in consequence of the abetment has been acquitted. The question of the abettor's guilt depends on the nature of the act abetted and the manlier in which the abetment was made. The offence of abetment is complete when the alleged abettor has instigated another or engaged with another in a conspiracy to commit the offence. It is not necessary for the offence of abetment that the act abetted must be committed. It is only in the case of a person abetting an offence by intentionally aiding another to commit that offence that the charge of abetment against him would be expected to fail when the person alleged to have committed the offence is acquitted of that offence.(Para 6 9) (B) Penal Code (45 of 1860) , S.436, S.109, S.436, S.115— Person instigating another to commit offence under S. 436-Offence committed not by person instigated but by someone else -Held, person instigating was guilty of offence of abetment not under S. 436 read wi....