Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.
PRINCIPLE: When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) an act which is not illegal by illegal means, through such an agreement such persons are said to have been engaged in a criminal conspiracy to commit an offence. It is said that no consummation of the crime need be achieved or even attempted.
FACTS: 'X', 'Y' and 'Z' plan to kill 'D'. They agree that only one among them that is 'Z, will execute the plan. In pursuance of it ‘Z’, buys a gun and loads it.
Correct Answer :
All of them, i.e., 'X', 'Y' and 'Z', can be charged with criminal conspiracy to kill 'D'
Solution :
Correct Answer: All of them, i.e., 'X', 'Y' and 'Z', can be charged with criminal conspiracy to kill 'D'
Step-by-Step Explanation:
1. Analysis of the Principle:
According to the provided principle, a criminal conspiracy is formed when two or more persons agree to perform, or cause to be performed, an illegal act (or an act by illegal means).
Crucially, the principle states that no consummation of the crime needs to be achieved or even attempted for the offense of criminal conspiracy to exist. The meeting of minds and agreement to do an illegal act itself completes the offense of conspiracy.
2. Application to the Facts:
- In the given scenario, three individuals—'X', 'Y', and 'Z'—together plan (agree) to kill 'D', which is an illegal act.
- Although they agreed that only 'Z' would physically execute the plan, the unlawful agreement was made jointly by all three of them.
- Since the agreement to commit the illegal act involved 'X', 'Y', and 'Z', all three parties participated in the criminal conspiracy.
- The act of 'Z' purchasing and loading a gun serves as an act done in pursuance of their shared plan, but all three individuals are equally liable for the conspiracy itself.
3. Conclusion:
Therefore, all three individuals ('X', 'Y', and 'Z') can be charged with criminal conspiracy to kill 'D'.
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