37. Co-operation by
doing one of several acts constituting an offence.- When
an offence is committed by means of several acts, whoever
intentionally co-operates in tile commission of that offence
by doing any one of those acts, either singly or jointly with
any other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different
times giving him small doses of poison. A and B administer
the poison according to the agreement with intent to murder
Z. Z dies from the effects of the several doses of poison
so administered to him. Here A and 8 intentionally co-operate
in the commission of murder and as each of them does an act
by which the death is caused, they are both guilty of the
offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge
of Z, a prisoner, alternatively for six hours at a time. A
and B, intending to cause Z's death, knowingly cooperate in
causing that effect by illegally omitting, each during the
time of his attendance, to furnish Z with food supplied to
them for that purpose, Z dies of hunger. Both A and B are
guilty of the murder of Z.
(c) A, a jailor-, has the charge of Z, a prisoner. A, intending
to cause Z's death, illegally omits to supply Z with food
in consequence of which Z is much reduced in strength, but
the starvation is not sufficient to cause his death. A is
dismissed from his office, and B succeeds him. B, without
collusion or co-operation with A, illegally omits to supply
Z with food, knowing that he is likely thereby to cause Z's
death. Z dies of hunger. B is guilty of murder, but, as A
did not co-operate with B. A is guilty only of an attempt
to commit murder.
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