‘SINI’ with an intention to pick-pocket puts his hand into MINU’s pocket. MINU had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.(Answer the question after reading the following paragraph.)

DIRECTION: Read the following definition and element of the attempt, apply them on the given fact situations and answer the question.
Definition of attempt: Lord Blackburn was said that “there is no doubt that there is difference
between a preparation antecedent to an attempt and the actual attempt but if the actual transaction has commenced which would have ended in the crime if not interrupted there is clearly an attempt to commit the crime”.
1. Fault element: Intention or knowledge requisite for committing an offence; and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

Option A: SINI will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention with no risk of causing death and with no greater care of avoid it.

Option B: SINY will be liable for attempting to murder.

Option C: SINY will be liable for culpable homicide not amounting to murder as his intention was definitely not to kill.

Option D: None of the above.

Correct Answer

Option: a

Explanation

Section 378 of IPC said Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

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