Law II

U.P. Higher Judicial Service (Main) Examination-2012
LAW- II  (Procedure and Evidence)
Time  :  3 hours
Marks : 200
Notes :     (i)  All question are to be attempted.
(ii)  The questions may be answered either in English or Hindi.
(iii)  The marks of each question are given in the margin.
1.    (a)  Under what circumstances, a statement made by an accused before a police officer can be used in evidence ? An accused, while in police custody, gives information to the Investigating Officer that he purchased the murder weapon from a particular dealer, and then taken the Investigating Officer and the witnesses to the place of the dealer and points him out.
Whether the information given by the accused, and the evidence of the Investigating Officer and witnesses are admissible?  Answer referring to relevant provisions of Evidence Act.     10
(b)  'A' a witness is asked whether he was dismissed from service for dishonesty.  He denies it.  Evidence is offered to show that he was dismissed for dishonesty.  Is this evidence admissible ?
10     
2.    (a)  The Rules of evidence are in general the same in Civil and Criminal proceedings, give the exception, if any.                                 10
(b)  'A' after learning that 'C' had been murdered went to the spot and found that the body of 'C' was being taken to the house of 'C' by four persons who told him that 'B' had murdered 'C' and ran away.  Does the statement of four persons form part of res gestae?             10
3.    (a)  An accused may be a competent witness.  Discuss with relevant provisions  ?
10
(b)  Five persons 'A', 'B', 'C', 'D' and E received serious injures in the course of a factious fight.  They were first taken to the police station and then to the hospital.  At the police station 'A' gave a report Exhibit I which was recorded as the first information report.  Police also recorded statements Exhibits II and III from 'B' and 'C'.  At that time 'D' and 'E' were unconscious.  At the hospital the doctor sent for a Magistrate who recorded statements of all five of them.  They were Exhibits IV, V, VI, VII and VIII.  Subsequently 'A', 'C' and 'E' died of the injuries, received in the fight.  'B' and 'D" were examined at the trial as witnesses.  For what purpose could each of the statements Exhibits I to VIII be used at the trial?                                  10
4.    (a)  Can a police officer refuse to register a first information report on the ground that the said police station does not have territorial jurisdiction over the place of crime?  Answer referring to relevant provisions of Code of Criminal Procedure.                 10
(b)  'A' is charged under section 242 of the Indian Penal Code with having been "In possession of counterfeit coin, havind known at the time when he became possessed thereof that such coin was counterfeit.  "He challenges his conviction on the ground that there was error in the charge because the word "fraudulently" was omitted.  Decide.                     10
5.    (a)  Distinguish between, dismissal of a complaint, discharge and acquittal of an accused.  What are remedies available in each of these cases of the complainant?         10   
(b)  A company lodged first information report for offences under sections 408/420 I.P.C. against 'X', its former Divisional Manager After completing the investigation, report under section 173, Cr. P.C. was sent to the Magistrate stating that the case was of civil nature.  The Company lodged a protest petition with the Magistrate, and sought permission to prove the commission of offences by 'X'.  The Magistrate, after perusing the investigation records, came to the conclusion that a prima facie case under section 408/420 I.P.C. was made out against 'X', and consequently issued process against him under section 204 of the Code of Criminal Procedure.  The legality of this order is challenged by 'X' on the ground that the Magistrate had no power to issue process against him without first complying with the provisions of Sections 200 and 202 of the Criminal Procedure Code.  Decide the objection.                                         10
6.    (a)  When can a warrant be issued by a Court in lieu of summon?         10   
(b)  'A' who was convicted by the trial court and punished with imprisonment for two years, files an appeal against the conviction, but dies during the pendency of the appeal.  His son 'B' submits an application and prays that appeal be finally decided.  Decide referring to referring to relevant provisions.                                         10
7.    (a)  Briefly describe the circumstances whereunder a police officer, a private person and a Magistrate may arrest a person without warrant.                 10
(b)  'A' is arrested on the charge of committing an offence.  The arresting officer, reasonably believing that his medical examination would afford evidence as to commission of the offence, takes him to a Registered Medical Practitioner.  'A' resists the examination on the ground of his right under Article 20(3) of the Constitution of India.  Decide.                10
8.    (a)  When a document is impounded by a Court, what are the further steps to be taken in this matter?                                     10
(b)  'A' residing in Delhi, publishes a defamatory statement about 'B' in Kolkata.  'B' is resident of Patna.  Determine the forum for institution of suit in this case giving relevant provisions of Code Procedure.                                         10
9.    (a)  Explain the law relating to interim injunction.  Under what circumstance temporary injunction in mandatory form can be granted.  Whether an interim injunction can be granted on the application of the defendant, who has not filed any counter claim, if so in what circumstances?                                     10
(b)  A plaint is rejected by the court on the ground that it does not disclose any cause of action.  Can the plaintiff present a fresh plaint on the same cause of action?  Give reasons and also refer relevant provisions.                                         10
10.    (a)  Does an application of review lie in a case where the judgment is rendered erroneous by reason by statutory amendments?  Explain by giving reasons.             10
(b)  'A' files a suit against 'B' in respect of a house on the ground of a will in his favour by original owner, 'M', A previous suit against the same defendant filed by 'A' on the ground of 'a' being an heir of 'M' had already failed.  How would you decide the present suit?  Give reasons for your answer.
10