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'X' and ‘Y’ agreed to commit the murder of 'Z' by poisoning, and 'Y' was to procure poison, but he did not procure it. 'X' and 'Y' are guilty of:-
Question

'X' and ‘Y’ agreed to commit the murder of 'Z' by poisoning, and 'Y' was to procure poison, but he did not procure it. 'X' and 'Y' are guilty of:-

A.

Abetment of murder by conspiracy

B.

Attempt to murder with the aid of section 34 of the Indian Penal Code

C.

No offense

D.

Criminal conspiracy to murder 'Z'

Correct option is D

The correct answer is (d) Criminal conspiracy to murder 'Z'. Even though 'Y' did not procure the poison, the agreement between 'X' and 'Y' to commit the murder of 'Z' constitutes a criminal conspiracy under Section 120A of the IPC. The crime of conspiracy is complete when there is an agreement to commit an illegal act, regardless of whether the act itself is carried out.
Information Booster:
Criminal Conspiracy (Section 120A IPC): A criminal conspiracy occurs when two or more persons agree to commit an illegal act or a legal act by illegal means. The mere agreement to commit the offense constitutes the crime of conspiracy, even if no further action is taken.
Additional Knowledge:
· Abetment of Murder: Abetment involves instigating, engaging in a conspiracy to commit, or aiding the commission of a crime. However, since 'Y' did not take further steps after the agreement, abetment is not applicable here.
· Attempt to Murder: An attempt to murder would require a direct action toward the commission of murder, which did not occur in this case as 'Y' never procured the poison.
· No Offense: This option is incorrect because the conspiracy to commit murder is itself an offense under IPC.

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