Section 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,
assists 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.