Murder by 'Dacoity'

criminal bar_exam intermediate mcq_help

Question: A group of 4-6 people commit dacoity on a house. One of them intentionally kills the occupant in the course of commission of dacoity. Which section of the IPC applies to this accused?

A) 302 IPC - Punishment for murder B) 397 IPC - Robbery by person having arms or using threat by an arsenal C) 397 IPC read with Sec. 34 IPC - Murder by 'dacoity' D) 400 IPC - Punishment for theft

My wrong attempt was C) 397 IPC read with Sec. 34 IPC - I thought the key was 'dacoity', and Sec. 34 IPC applies when two or more persons together commit a crime. However, I overlooked Sec.

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