Ipc
3 years ago
4 persons armed with sword entered a house and assaulted X living there . They compelled Y another inmate of the house on pain of death to catch hold of the hands of X so that he couldn't struggle and then beheaded X , Y was sent up with the other four persons for protection under section 302 with the aid of section 34 of IPC . Can Y be held guilty and convicted of that offence or of any other minor offence?
A.Y under the fear of instant death or grievous injury has done such act as such he will be acquitted. He has no mens rea in his mind to commit any offense. Let your experienced advocate get him discharged.
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A.As per your story the role of Y is NOT confirmed that where he was also with the other 4 people & it was or can be planned Murder/Assault. In such case only the CCTV footage can be stranded as final witness as all other things can be manipulated.
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ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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