Section 87 - Liability of abettor when one act abetted and different act done.

When an act is abetted and a different act is done and the act done was a probable consequence of the abetment and was committed under the influence of the instigation or in pursuance of the conspiracy or with the aid which constituted the abetment, the abettor is liable for the act done in the same manner and to the same extent as if he had directly abetted it.

Illustration

(a) A instigates a child to put poison into the food of Z and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A's instigation and the act done was in the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y.

(b) A instigates Band C to break into an inhabited house at midnight for the purpose of robbery and provides them with arms for that purpose. Band C break into the house and being resisted by Z, one of the inmates, kill Z. Here, if that killing was the probable consequence of the abetment, A is liable to the punishment provided for culpable homicide