Paper-II

PUNJAB SUPERIOR JUDICIAL SERVICES (MAIN WRITTEN EXAMINATION), 2011

LAW PAPER-II
Time Allowed:  3 Hours                                                                                                                                                                                                                                                   Max Marks – 200

Note:      (i)  Answer all questions.
(ii)  All questions carry equal marks.  However, the marks carried by each part in a question have been indicated against that part.

1.    (a)  Naresh was having illicit relations with the wife of Shyam, the deceased, and his visit to Shyam's house were resented by Shyam.  One day when Naresh visited the house of the deceased, Shyam was not there.  In the meantime Shyam reached his house and finding Naresh there, he objected his presence in the house.  An altercation took place between the two and in the process Naresh stabbed Shyam which resulted into the death of Shyam.  Discuss with the help of case law the liability of Naresh, if any?                     (20 Marks)
(b)  A was arrested and prosecuted for murder.  He was convicted under Section 302 of the India Penal code on 1.1.1997 and sentenced to imprisonment for life.
A has undergone 14 years of actual imprisonment and total period of imprisonment including remission comes to more than 17 years.  No formal order has been made by the State Government either about remittance or commutation of sentence.  A, therefore, pleads that in the absence of any formal order, if must be deemed that Government has commuted his sentence to 14 years.  Hence, any further detention in jail is illegal and he is entitled to be released forthwith.  Give reasons for your answer.                 (20 Marks)
2.    (a)  What is the difference between 'extra judicial confession' and 'judicial confession'?
(10 Marks)
(b)  An accused, during investigation, points out the place of occurrence and confesses his involvement in the crime in the presence of a Magistrate.  The Magistrate appears in evidence and states that the accused confessed his guilty before him.  Would the confession be admissible without recording the statement of the accused under Section 164/281 Cr. P.C.
(10 Marks)
(c)  What procedure is required to be followed by a Magistrate where an accused feels the pangs of conscience and to relieve himself of the burden wants to disclose his involvement in the crime?                                     (10 Marks)
(d)  Whether an accused can be convicted solely on the basis of entries in the accounts maintained on loose sheets for an offence of misappropriation of funds?     (10 Marks)
3.    (a)  An FIR based on the complaint made by the complainant is found to be incorrect during investigation and a second version is found to be correct.  Whether the police is required to file its report on both the versions or the one found by it to be correct during investigation?
(10 Marks)
(b)  What action can be contemplated against the informant if the allegations as leveled in the FIR are found to be false?                             (10 Marks)
(c)  An informant comes to the police station and informs of a shoot out in a locality.  Should the Incharge of the Police Station register an FIR or only make an entry in the Daily Diary Register and Why?                                     (10 Marks)
(d)  Whether the Sessions Judge can summon a person as an additional accused prior to recording the prosecution evidence?                         (10 Marks)
4.    (a)  'X' is charged for violating the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.  He is being tried in a special Court, dealing with such cases.  However, the procedure applied for trial are the provisions of the Crimianl Procedure code, 1973.  Discuss the fairness and legality of such trial.                         (15 Marks)
(b)  A's brother B is apprehended and taken before a Magistrate X on the charges of perjury.  X sells to A shares he holds in real estate business at a premium when the said shares are sold at a discount in the market.  A pays to X accordingly.  X is being prosecuted under Prevention of Corruption Act.  Can the prosecution succeed?  Discuss.                 (15 Marks)
(c)  M was found carrying 40 Kg of poppy husk and 40 gms of opium.  Two separate cases were filed, one under Section 15 of the NDPS Act regarding poppy husk and another under Section 18 of the NDPS Act regarding opium.  Recovery was made in both the cases at the same time and witnesses were also the same.  M was convicted in the poppy husk case and acquitted in the opium case.                                    
M challenges the conviction being wrong on procedure and evidence.  Can M succeed?  Give reasons in support of your answer.                     (10 Marks)
5.    (a)  C, a cab driver appointed by an MNC at Gurgaon makes trips to and fro from Delhi to Gurgaon commuting employees of the Company.  Due to strike by few cab drivers, c was requested to make moe trips during day as well as night.  On 20.4.2011 when he was making his 8th trip from Gurgaon to Delhi at 60KMPH with 10 employees on board at about 3.30 a.m., he being tired and exhausted felt sleepy and while negotiating a curved flyover, fell down from it causing death of 8 of the employees and injuries to rest including himself.  Has C committed any offence?  If so, state the offence and support your answer with decided cases.     (15 Marks)   
(b)  A married B in 2001 and the divorce took place in 2003.  In the year 2002, when A was posted as Revenue Officer, in the State X, he amassed enough wealth through illegal means and communicated the same to B his wife.  after divorce in 2003, b remarried C.  A is being prosecuted for criminal misappropriation of money during 2001-2002.  Prosecution intends to bring B, his former wife as witness in the Court against this case.  Can it do so or not?  Give reasons and law to support your case.                         (15 Marks)
(c)  In the light of the decision in State of Maharashtra v. Christian community Welfare Council of India, (2003)8 SCC 546, state the law relating to arrest of a woman by Police.     (10 Marks)