Criminal Law

Haryana Civil Service  (Judicial)
Examination  1999
Criminal Law Paper – III
Time  :  Three Hours                                                                                                                                                                                            Maximum Marks  :  200
Note  :  Answer any Eight questions.

Q.  1(a)  Explain 'Common intention' as used in section 34 of the Indian Penal Code.  Refer some leading cases.
(b)  Four accused A, B, C and D tried to forcibly stack their bundles of grains in front of R's enclosure.  R objected because the land belonged to him.  A and B assaulted him with kicks and fists.  C and D who were armed with lathis gave lathi blows on the head of R.  R died as a result of injuries caused by lathis.  A, B,  C and D are tried under section 302 read with section 34 I.P.C.
Decide the case.  Give reasons for your answer.
Q.  2(a)  Distinguish between the offences of abetement of an offence and criminal conspiracy.
(b)  What offence has been committed in the following cases  :
(i)  A instigates a child B to poison C and provides poison for the purpose.  B by mistake, puts the poison on D's plate, which happended to be on the side of C's plate.  D takes the food and dies.
(ii)  A instigates B to shoot C.  B goes to C's house with a gun but finding C's car standing unattended, steals the care instead of shooting him.
Q.  3(a)  Mention the limits within which the right of private defence should be exercised.
(b)  When does the right of private defence of property extend to the causing of death  ?
(c)  Does the right of private defence extend to risk of harm to innocent person  ?  IIIustrate your answer.
Q.  4(a)  Under what conditions culpable homicide is murder  ?  Explain.
(b)  Decide the liability of A, if any, in the following cases  :-
(i)  B gives grave and sudden provocation to A.  On such provocation A fires a pistol at B, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight.  A kills Z.
(ii)  A was knowing that Z is laboring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury.  Z dies in consequence of the blow.
Q.  5(a)  Describe the contents of a charge.
(b)  The accused has right to recall prosecution witnesses after alteration of the charge.  When such right could be refused by the court  ?
(c)  The accused were convicted of rioting, which was the only charge before the Magistrate.  On appeal, the Sessions Judge acquitted them of rioting, but convicted them under Section 448 and 323 of the Penal Code of house trespass and hurt.  Discuss the legcity of conviction of the accused by the Sessions Judge.
Q.  6(a)  Mention the categories of cases in which a police officer may arrest a person without a warrant.
(b)  Under what circumstances a police officer may search a place without warrant  ?
(c)  Under what circumstances a private person may arrest or cause to be arrested a person  ?
Q.  7(a)  Discuss the procedure of trial before Court of Session.
(b)  An accused could not be discharged before taking all the evidence produced by the prosecution.  Under what circumstances the accused may be discharged before production of such evidence  ?
Q.  8(a)  Distinguish between  :-
(i)  Cognizable and non-cognizable offences
(ii)  Bailable and non-bailable offences
(iii)  Inquiry and investigation
(iv)   Summons and Warrant cases.
(b)  Describe the categories of persons who may be released on bail by a court other than the High Court or Court of Sessions, even if there appears reasonable grounds for believing that such person had been guilty of non-bailable offence.
Q.  9(a)  What is the rule of Res gestae  ?  How has the Indian Evidence Act recognised this rule  ?
(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 had run away.  Does the statement of four persons form part of Res gestae  ?
Q.  10  Distinguish between the following  :
(i)  Fact in issue and relevant-fact.
(ii) May presume, shall presume and conclusive proof.
(iii) Disproved and nor proved.
(iv) Direct and circumstantial evidence.
(v)  Relevancy and Admissibility.
Q.  11(a)  What do you mean by an "Admission"?
(b)  distinguish between 'Admission' and 'Confession'.
(c)  A is accused of receiving stolen goods knowing them to be stolen.  He offers to prove that he refused to sell them below their market price.  Is this evidence admissible  ?  give reasons for your answer.
Q.  12(a)  Discuss the law relating to dying declarations.  Distinguish between English and Indian laws on this point.
(b)  Can there be conviction of the accused person on the sole testimony of a dying declaration  ?  Refer to cases.