INDIAN PENAL CODE
Q. One R was married to B 5 years prior to the occurrence, yet she was issueless. X brother of R had also been residing with their sister and brother-in-law from before the impugned incident.
There was evidence to the effect that since R had failed to beget any child, the relation in between the husband and the wife were very strained. The parents of B were also very much unhappy on the said score. Smt. R is reported to have told her brother X that her husband had tried to throttle 1st and 2nd of May 1976 while X was reading outside the house of B in the bulb light at the house of L, he heard a noise coming from inside the house of his brother-in-law. X along with L got the door of the house of B opened and entered the house. They found Sm. R suit lying on the ground in a semi conscious state. She informed the above said two persons that she had been administered 3 tablets by her husband on the pretext that it will help her in getting pregnant. The matter was subsided on the intervention of X and L. The door was again bolted from inside.
On the next morning, i.e. on 02.07.1976 when the door of the house was opened and X entered the house he was startled to see his sister hanging from a peg in the roof with a rope, the one end of which had been tied to a nail fixed in the wall. X tried to lodge a report but he was not allowed to do so by B and his father on the pretext that the village watchman had already been instructed to do so in regard to the suicide committed by Smt. R.
Doctor who conducted the post-mortem found the face of the deceased bloated and bleeding from her nose. He further found the following ante mortem injuries :
(1) The ligature mark in width over the thyroid cartilage. The mark of knot on the right side 1 ½" x 1" with contusion of tissue underneath and fracture of thyroid cartilage.
(2) Abraded contusion 6" x 4" on the front of the left side of the chest with fracture of second and there ribs and laceration of the right lung.
(3) Abraded contusion 6" x 4" on the front of the left side of the chest with fracture of second, third and fourth ribs anteriorly in the middle electrical line with laceration of the left lung underneath.
(4) Abraded contusion 2" x 1" on the back of the left hand over the fourth knuckle.
According to the doctor the death was due to shock and haemorrhage and asphyxia due to above injuries. B husband of R, M, his father, and his mother, were charged with murder of R. They pleaded not guilty and the defence was that the deceased committed suicide.
Write a reasoned judgment. In case of conviction whether capital punishment or imprisonment for life should be awarded. (D.J.S. 1989)
Q. a) Define 'culpable homicide' and state the circumstances under which culpable homicide amounts to murder.
(b) (i) A is lawfully arrested by B, a bailiff. A is excited to sudden and violent passion by the arrest and kills B.
(ii) B attempts to horse whip A in such a manner as to cause grievous hurt to A. A draws out a pistol. B, however, persists in the assault. A believing in good faith, that he can by no means prevent himself from being house whipped, shoots B dead.
(iii) A under the influence of passion excited by provocation given by B kills C intentionally. State what offence, if any, A is guilty of in each of the three cases given below. (D.J.S. 1989)
Q. When does an act amount to an attempt to commit a Crime? Is there any difference in this respect between general section 511 of the IPC on the one hand and section 307 IPC and section 308 IPC on the other? If so explain with reasons. (D.J.S. 1989)
Q.(i) 'A' administers, strong dose of medicine to procure abortion to B a woman not pregnant at all, having no foetus to be removed.
(ii) 'A' is an absconding criminal with a warrant of arrest issued against him for dacoity. The chowkidar, getting information of his presence in village proceeded with a party to arrest him. A pointing a blunderbuss at the party, pulled the trigger, the cap exploded but the piece missed fire. Has any offence been committed in the above cases by 'A'?
Q. A and B are being prosecuted for the offence under sections 302/34, 201/34 and 404/34 of the Indian Penal Code. According to the prosecution, on 25.02.1989 both these accused, having induced the deceased to accompany them, committed his murder and then took out his ornaments which were on his body and then threw away the dead body into a well and on the next day, sold away the ornaments to a goldsmith in a nearby village. The prosecution case rests on the following evidence.
1. There was long standing enmity between the accused persons and the deceased.
2. The deceased was last seen going together with the accused persons in the evening on 15.02.1989.
3. The ornaments, which were on the person of the deceased, were sold away by the two accused to a goldsmith in a nearby village on 16.02.1989.
4. Both the accused raised a false plea that they were in the village all the day till the dead body was recovered on 17.02.1989.
Write a judgment disposing of the case, bringing out clearly the standard f proof required in such cases.
Q. K, stands charged for the offences under sections 302/201 of the Indian Penal Code. Apart from the confession of a co-accused, the evidence at the trial consists of the following circumstances :
1. That the accused had a strong motive for revenge against the deceased and had twice been heard to say that he would be revenged;
2. That though at the time of the murder the accused was attending a meeting at a Gurdwara, he was absent from the meeting long enough to enable him to commit the murder;
3. That some 12 hours after the crime, he assisted in removing the body of the deceased which had been tied up in a gunny bag, from the house in which the victim was murdered to a lonely place about a mile away from there; and
4. That strips from a sari border which were used for trying up the mouth of the gunny bag, were torn off from a sari belonging to the mother of the accused and found from his house.
Write a judgment deciding the case against K, indicating clearly the standard of proof required in such cases. (D.J.S. 1990)
Q. 'A' instigates 'B' to the commission of an offence by means of a letter sent through post. The letter never reaches 'B'. Whether 'A' has committed any offence? (D.J.S. 1990)
Q. A motor truck was being driven by 'A' who had no licence for driving. 'B' who was the driver of the truck was sitting by the side of 'A'. The truck, while being thus driven, struck a telegraph pole and hit a passerby, whose one leg got crushed and had to be amputated to save his life. What offence if any has been committed by 'A' and 'B'? (D.J.S. 1990)
Q. What is 'obscenity'. Distinguish between 'obscenity' and 'vulgarity'. What office if any is made out in the following cases :
(i) Atul and Monika were found kissing and embracing each other in a Maruti Van, parked at 40 paces from police post located at a lonely place.
(ii) During the search of Residential house of accused for offence under sections 120-B, 420, 467, 468 and 471 IPC. One video cassette containing pornographic scene is recovered from an almirah, key of which was supplied by accused.
Q. A gave severe beating to B who fell down and became unconscious. Thinking that B had died 'A' took away B and placed him on railway line so that B's body be crushed under the train. This was done by A in order to give it a colour of suicide and conceal his involvement. The train came and B was crushed. The Post-Mortem Report revealed that B died of injuries caused by train. What offence or offences if any have been committed. (D.J.S. 1990)
Q. X has been suspecting has wife to have illicit intimacy with A. He followed her one day secretly to A's house having provided himself with a dagger. When saw them undressed, X suddenly pounced upon them and killed them then and there. For what offence X is liable to be convicted. (D.J.S. 1990)
Q. Five accused entered the house of the victim through the roof after dismantling a portion of it. Accused Nos.1 to 4 committed rape upon the victim while Accused No.5 stood guard with a gun in his hands to overawe the victim to submit to rape without protest. Thereafter all the five accused opened a box kept in the house, removed cash and jewellery and ran away from the house. What offence or offences, if any, have been committed by Accused No.5 (D.J.S. 1990)
Q. A charge is framed against five persons A, B, C, D and E for being members of an unlawful assembly in prosecution of the common object of forcibly taking possession of the house of Z. The findings at the end of trial are :
(a) C was drunk and had fallen down in a drain by the roadside and could not consequently reach the house of Z.
(b) B bore a grudge against Z and had carried with him a revolver without the knowledge of other members of the party.
(c) All the members of the party had carried lathies and it was understood between them that if Z offered resistance they would beat him.
(d) While D and E were beating Z, B fired at Z causing grievous injuries to Z.
(e) A blow given by a struck the enlarged spleen of Z, causing his death, while none of them knew of the enlargement of the spleen.
Which of the above members of the unlawful assembly and for what offence would you convict? (D.J.S. 1991)
Q. K had suspicion that B had liaison with his wife. He approached C and suggested that B should be killed. Thereafter K alongwith D got knife of unusual dimensions prepared from S. armed with knife and accompanied by C and D attacked B while he was asleep and caused death by inflicting two injuries, which were sufficient to cause death in the ordinary course of nature. During investigation K made disclosure pursuant to which the knife was recovered. It was found to carry human blood. It was also found that C had confessed to H about his involvement and commission of murder by the three. C became approver, and K died before trial commenced. Evidence against D comprises of :
1. Approver's statement implicating himself and others.
2. Statement of S. regarding preparation of knife.
3. Statements of witnesses of disclosure and recovery.
4. Previous confessional statement of C.
5. Medical evidence
6. Evidence showing motive. (D.J.S. 1996)
Q. An indecent joke cut by accused with the wife of a P.W. led to quarrel and the deceased who was no where in picture tried to intervene. Two of the accused gave some beating to him. Then accused G gave blow with spear on the chest of deceased D which proved fatal. For what offence would you convict the accused G.
Q. X was having illicit relations with the wife of deceased and his visits to her house were resented and objected. On the day of occurrence, the accused X visited the house when the deceased was not there. When deceased came and objected to his presence, there was an alteration and exchange of hot words. Thereupon 'X' took out a knife and stabbed on the chest of the deceased resulting in instantaneous death of the deceased. What offence is made out against X? (D.J.S. 1991)
Q. 'W' the wife, being dissatisfied with her husband 'H' left his house and protection voluntarily and of her free will. She went to 'P' who allowed her to stay in his house as 'mistress'. What offence if any committed by 'P' and 'W'. (D.J.S. 1991)
Q. A married young woman, who was discarded by her husband, lived with her father and brother in Madras. She became intimate with the accused who was her next door neighbour. The two ran away from Madras and eventually settled in Bombay. The woman's brother filed a complained against accused for offences under section 497/498 of Indian Penal Code. Decide. (D.J.S. 1991)
Q. The accused entered at night into a house to carry on an intrigue with an unmarried girl on her information that her father was absent. However he was caught by her uncle before he could get away. Of what offence, if any, the accused is guilty? (D.J.S. 1991)
Q. 'A' a Railway passenger gives a part of his luggage to fellow passenger to evade the charge of over weight. What offence if any is made out against 'A'? (D.J.S. 1991)
Q. A truck carrying 200 bags of fertilizers and proceeding from Ludhiana to Delhi was intercepted at Sales Tax barrier situate at a distance of 15 K.M. from border of Delhi on a G.T. Road. The Lorry driver was in possession of invoices and other records but had no permit issued under "Fertilizer (Movement Control) Order". The driver and cleaner of truck are prosecuted for an attempt to export fertilizer from Punjab to Delhi in contravention of said order. Decide. (D.J.S. 1991)
Q. 'K' sent a notice to 'B' demanding payment of price of certain ornaments said to have been purchased from him by 'B' on the occasion of his brother's marriage. In his reply sent by registered post, 'B' denied any such purchase and characterized the demand as 'false'. He further alleged that the false claim has been made because 'K' had attempted to outrage the modesty of a woman whose husband had, at the instance of B, lodged a complaint against 'K'. The reply was received by 'K' and he filed a complaint for an offence under section 500, I.P.C. against 'B'. It was proved by 'K' and he filed a complaint for an offence under section 500, I.P.C. against 'B'. It was proved that the imputation made against 'K' was false and actuated by ill-will and previous enmity. Decide. (D.J.S. 1991)
Q. On 05.06.1994 at 5 A.M. Police Control Room received information that an incident had taken place in House No.10, New Colony. The police reached there and found that wife of the accused had been murdered. The accused told police that he slept with his wife in the back verandah after his brother retired to his bed-room at 10 P.M. He locked the collapsible door of the verandah. His wife wearing gold ornaments. At 1.30 A.M. he felt chily so went to sleep in the bedroom. He came out at 4 A.M. to urinate and found his wife almost naked upto thighs, her tongue protruding and on touching her he found her dead. He also noted some scratches on her face and neck and her gold ornaments missing from her body. He told that his wife as strangulated by somebody while committing theft of her ornaments. He screamed and asked his brother and neighbour to inform the police. Police found injuries in the nature of bruises etc. on the front part of the body, on the neck, as well as on the back of the accused. The accused was tried for committing the murder of his wife. There was no eye witness of the occurrence. The circumstances set up by the prosecution against the accused during trial were :
(i) Information to the police at 5 P.M. given by a neighbour and not the accused.
(ii) The accused having slept alone at night in the verandah with the deceased after having locked the collapsible door of that verandah from inside and the lock having been found in the corner of the back courtyard in the morning without being tempered with;
(iii) The deceased and the accused were last seen together;
(iv) The ornaments, which were stated to be on the person of the deceased while she was sleeping, and which were found missing when she was discovered and having been recovered from the drain hole of the bath-room attached to the bedroom of the accused in consequence of and in pursuance of a disclosure statement made by the accused;
(v) Injuries found on the person of the accused in the nature of abrasions, contusions, and lastly;
(vi) The accused having given false information to the police by means of his statement.
Other evidence was that relation between accused and his wife were cordial and there was some discrepancy in the statement of the witnesses of recovery of gold ornaments. About injuries on his person accused alleged that he was beaten up by the police. Write a judgment. (D.J.S. 1996)
Q. B was neighbour of A. he had illicit relations with A's wife C for many years. On 31.03.1993 B went to sleep in his house in the evening and did not appear thereafter. On 04.04.1993 brother of B lodged a report with the police expressing suspicion against A and C. During the course of Investigation A allegedly made disclosure statement and consequently led the police party to his sitting room where he pointed out a spot covered by a cot. He thereafter dug the floor and dead body of B was recovered from a five feet deep grave. At A's pointing out the police also seized a wood cutter and a knife from a bag hanging in the adjacent room. Knife had no blood stains while wood cutter had it and serologist on examination found it to be human blood and of the same group as that of deceased B. Both A and C were tried for offence under section 201/34 Indian Penal code. The entire case of the prosecution is based on circumstances evidence. The circumstances relied up by the prosecution are :
(i) The deceased had illicit relations with C, wife of A;
(ii) The deceased was last seen on the night of 31.06.1993 when he went to sleep in his house and thereafter his dead body was found buried in the house of accused;
(iii) A on interrogation made disclosure statement leading to recovery of the dead body from a five feet deep pit in the sitting room of A;
(iv) Recovery of wood cutter from the possession of A which was found to bear the same human blood group as that of the deceased.
Write a judgment. (D.J.S. 1996)
Q. "If a person has right to live, he has also a right not to live". Critically examine the above statement. (D.J.S. 1996)
Q. Discuss the law of exemption from Criminal liability in case of minors. (D.J.S. 1996)
Q. 'A' an illiterate boy, servant of 8 years stole a new 'Parker' Fountain Pen worth Rs.300/- from the table of his employee and sold to B, a student aged 21 years and reading in M.A. for Rs.10/- only. Both 'a' and 'B' are put on trial. The former is charged with theft and latter for receiving the stolen property. How would you, decide the case? (D.J.S. 1996)
Q. A boy over 11 years and below 12 years of age picked up a knife and proceeding towards the deceased with a threatening gesture saying that he would cut him into pieces actually stabs him to death. Is he guilty of murder? Give reasons. (D.J.S. 1996)
Q. H, Husband is facing trial for the offences under sections 302 and 301, Indian Penal Code for having committed the murder of his wife W by administering poison to her. There are no eye witness to the occurrence. However prosecution established and relied upon the following circumstances in order to prove its case against H:
(1) H was an Army Officer posted in Delhi and was living in a quarter with his wife W during the relevant period.
(2) W had some white spots on some parts of her person and H believed that W was suffering from Leprosy.
(3) H and W were not having cordial relation and often quarreled, W alleging that H was having illicit relation with the widow of his elder brother.
(4) H although had obtained a travel warrant of W from the military authority but traveled alone to his native place in Pune around the same period when body of W was recovered in a decomposed state.
(5) H on reaching his native place falsely represented to the mother of W that W could not accompany him as she was getting treatment for certain ailment.
(6) Body of W was recovered by the police from near the railway track at a distance of about 100 meters from the house of 'H', two days later, to the date on which H had traveled to his native place but the postmortem examination put the time of the death of W to the date of the departure of H.
(7) House of H was found locked from outside when the police took H there, seven days after his arrest from Pune.
(8) Certain ornaments, a wrist watch and some new clothes belonging to W were recovered from the house of the sister-in-law of H pursuant to his own disclosure and confession of the guilt before the police.
H pleaded innocence and put forth the defence plea that W had declined to accompany him to his native place and so he left alone, leaving W in the quarter in Delhi and W might have committed suicide by consuming poison.
Write judgment. (D.J.S. 1999)
Q. Five Police officials A-1 to A-5 are being tried for the offence punishable under section 302 Indian Penal Code read with section 34 Indian Penal Code on the allegation that on the night intervening 31st December 1998 and 1st January 1999, they with the common intention of all of them killed three persons, who were returning to Delhi from Agra in a Maruti Van, by fire arms. Investigation was conducted by the C.B.I. No. Public witness who might have witnessed the occurrence came forward to support the case. Prosecution, however, established and relied upon the following circumstances :
(1) Police Officer A-1 who was also incharge of Police Station was informed by constable that he had received information that certain criminals are moving in a Maruti Car and they are firing shots.
(2) Getting the information A-1 with A-2 to A-5 immediately left the police station armed with revolvers and riffles in a police jeep.
(3) After about two hours A-1 to A-5 returned to the police station and brought back three dead bodies and one Maruti Van by toeing.
(4) Maruti Van was found to be damaged, its glasses broken, it having bullet marks and blood marks.
(5) All the bodies had bullet injuries on them and postmortem report showed that deceased were killed on account of firing from rifles.
(6) Ballistic report showed that pistols found near dead bodies were never used and were in fact defective.
(7) There was no damage or marks on the jeep used bythe police officials/ accused.
(8) None of the accused had sustained any injury on account of alleged firing from the van.
(9) Accused A-1 to A-5 pleaded that they had to fire upon the vehicle in order to apprehend the criminals who had fired indiscriminately from inside the Maruti Van.
Write the judgment. (D.J.S. 1999)
Q. A bus stopped at the stand. A man and a woman started to board it from the front gate. The driver put it in motion throwing the woman on road and the man under back left wheel. While the man died, woman suffered only bruises.
The driver pleaded 'not guilty' to charges under sections 279, 337, 304 A Indian Penal Code and in alternative asked for probation.
Write judgment to decide the case keep in view the points likelyto be raised by the prosecutor and the accused Driver. (D.J.S. 2000)
Q. Six Brothers faced trial for offence of rioting and grievous hurt. It was alleged that two brothers gave first and kick blows to victim and third prevented his wife from coming to his rescue while remaining three did not do any overt act. They all had come with the object of belabouring the victim.
Write judgment indicating the offence and deal with the plea of lastly mentioned three brothers of alibi. (D.J.S. 2000)
Q. Police got information of a double murder and reached a two storied house at about 5 p.m. They found 'S' standing there. They found dead body of a young woman on the first floor and a middle-aged woman in the courtyard. Maternal uncle and brother-in-law his wife and then widowed mother by strangulation. He got recovered a Chunni and rope from under a tree in front of the house. Post-mortem confirmed death of the woman by strangulation. Write a complete judgment. (D.J.S. 2000)
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