(B) A and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately
for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate 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.
38. Persons concerned in criminal act may be guilty of different offences : Where
several persons are engaged or concerned in the commission of a criminal act, they may
be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be
only culpable homicide not amounting to murder. B having ill-will towards Z and intending
to kill him, and not having been subject to the provocation, assist A in killing Z. Here,
though A and B are both engaged in causing Z's death, B is guilty of murder, and A is
guilty only of culpable homicide.
39. "Voluntarily": A person is said to cause an effect "voluntarily" when he causes it by
means whereby he intended to cause it, or by means which, at the time of employing
those means, he knew or had reason to believe to be likely to cause it.
Illustrations
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating
robbery and thus causes the death of a person. Here, A may not have intended to cause
death, and may even be sorry that death has been caused by his act; yet, if he knew that
he .was likely to cause death; he has caused death voluntarily.
40. "Offence": Except in the chapters and sections mentioned in clauses 2 and 3 of this
section, the word "offence" denotes a thing made punishable by this Code. In Chapter IV,
Chapter V-A and in the following sections, namely, Sections 64, 65, 66, 67, 71, 109, 110,
112. 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214. 221, 222, 223. 224, 225, 327,
328.329,330.331,347,348, 388, 389 and 445, the word "offence" denotes a thing
punishable under this Code, or under, any/special or local law as hereinafter defined.
And in Sections 141, 176, 177, 201, 202, 212, 216 and 441 the word "offence" has
the same meaning when the thing punishable under the special or local law is punishable
under such law with imprisonment for a term of six months or upwards, whether with or
without fine.