A instigate B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound.
Here, A is guilty of abetting B to murder D.
A person is guilty of abetment of a thing.
- If he instigates any person to do that thing.
- If he engages with one or more persons in any conspiracy for doing that and an act of illegal omission takes place in furtherance of that conspiracy.
- If he intentionally aids the doing of that thing, by wilful misrepresentation or by wilful concealment of a material fact.
According to the Rule 2 of Abetment to constitute the offence of abetment, it is not necessary that the act abetted should be committed, or the effect be caused. Here, the effect of death is not caused, but even then, A is guilty of abetting B to murder D.