Five persons concert to loot a bank. Two of them, M and N, stay on in the car, with the engine running on, at the entrance of the bank. Three of them X, Y, and Z, enter the bank. X shoots the cashier, and Y and Z loot the cash. Police suddenly reaches the bank and apprehends, Y and Z but X escapes. On seeing the police enter the bank, M and N also run away in the car. Later on, all the five are arrested and charged with the offences of dacoity, looting and murder. M and N plead that they are not guilty of any of the offences, certainly not of murder and looting, as they did not participate in any of these offences. Should their plea prevail?

Five persons concert to loot a bank. Two of them, M and N, stay on in the car, with the engine running on, at the entrance of the bank. Three of them X, Y, and Z, enter the bank. X shoots the cashier, and Y and Z loot the cash. Police suddenly reaches the bank and apprehends, Y and Z but X escapes. On seeing the police enter the bank, M and N also run away in the car. Later on, all the five are arrested and charged with the offences of dacoity, looting and murder. M and N plead that they are not guilty of any of the offences, certainly not of murder and looting, as they did not participate in any of these offences. Should their plea prevail? Correct Answer Since the looting of the bank was committed in furtherance of the common intention of all the five, M and N are equally liable for looting and murder along with X, Y and Z and thus their defence will not prevail

Related Questions

Principle: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Factual Situation: A, B, C and D who were unemployed, decided to loot the house of a rich businessman one night. When all of them were about to jump the Compound wall, D decided to remain at the gate and warn them, in case of any problem. A, B and C entered the house and took cash and gold ornaments. While coming out of the house B tripped on a rubber hose pipe creating a sound. By this the watchman who had otherwise asleep woke up. B suddenly took the rubber hose and strangled the watchman's neck thus killing him. Later all A, B, C and D were arrested and prosecuted.