Gallu Sah vs The State Of Bihar on 20 May, 1958
revn.22.2014 judge.odt
27
It is only in the case of a person abetting an
offence by intentionally aiding another to commit
that offence that the charge of abetment against him
would be expected to fail when the person alleged to
have committed the offence is acquitted of that
offence. The Apex Court has also noted that the
offence of abetment is complete when the alleged
abettor has instigated another or engaged with
another in a conspiracy to commit the offence. It is
not necessary for the offence of abetment that the act
abetted must be committed. Reference can be
usefully made to another decision of the Apex Court
which has been pressed into service by learned
A.P.P., in the case of Gallu Sah v. State of Bihar, AIR
1958 SC 813. Even in this decision in paras. 7 and 8,
the Apex Court examined the purport of the offence
of abetment.