Criminal Law

Criminal Law-  Paper III  1995  (II)
Time allowed  :  Three hours
Minimum Marks  :  200

Attempt five questions in all.  It is compulsory to attempt atleast two questions from Part-A and one questions each from Part B and C.  Quote relevant case Law.
All questions carry equal marks.

Part -A
Q.1  (a)  Define Criminal Conspiracy.
(b)  Where two persons were accused of Conspiracy and one of them was a public servant.  The public servant was acquitted as he was prosecuted without obtaining sanction under Section 197.  Indicate whether the conviction of the other accused will be sustainable in appeal despite the acquittal of the public servant.
(c)  Distinguish between the ingredients of Section 34 of Indian Penal Code and Section 120 A of the Indian Penal Code.  Cite case law.
Q.2.  (a)  Write a short note on the right of private defence of a person.
(b)  Where a bailiff went to a village to make an attachment but the warrant had become invalid by lapse of the time limited thereby and the owner of the property resisted and caused grievous hurt to one of the party.  Can the accused plead right of private defence of property in his defence?
Q.3.  Bring out the difference between common intention and common object giving an illustration.
A purchased a Bungalow which had a power generator.  His neighbours B, C, D, E and F requested him not to use it at night but A did not desist and continued its use which offended them.  R incited them and they stormed into A's Bungalow with lath is and seriously injured A's son.  Other family members were also attacked.  They also killed the pet dog.  What is the criminal liability of R, B, C, D, E & F.
Q.4.  (i)  A, a surgeon, know that a particular operation is likely to cause death of Z, who suffers under a painful complaint, but not in-tending to cause Z's death and intending, in good faith, Z's benefit, performs that operation on Z with Z's consent.  Z dies as a result of the operation.
What offence, if any, is committed by A?  Give reasons.
(ii)  Define an Abettor; and decide whether A in the following illustrations is an Abettor or not:
(a)     A intends to cause death of Z and instigates B, a child of 7 years of age to do an act which causes Z's death.  B in consequence of the abetment did the act in the absence of A.
(b)    A instigates B to instigate C to murder Z.  B accordingly instigates C who commits the murder of Z.
Q.5.  Write short notes on the following:
(a)  Mens Rea.
(b)  Constructive criminal liability.
(c)  Difference between cheating and misappropriation.
Part -B

Q.6  (a)  Examine in detail the circumstances under which a wife is entitled under the Code of Criminal Procedure, 1973 to claim maintenance from her husband.  What is maximum quantum of maintenance and how is it fixed?  Whether maintenance pendent lite may also be awarded?  Indicate case law.
(b)  Please show your acquaintance with "Mohd.  Ahmed Khan v. Shah bano Begum (A.I.R.  1985 S.C.945)".  Also please state whether a Muslim father is entitled to claim maintenance from his Muslim son under the Code of Criminal Procedure 1973.
Q.7  Discuss the inherent powers of the subordinate Courts and High Court.
Can the High Court exercise such powers to revise its own order and to declare a person a vexatious litigant?
Q.8.  (a)  A court summons for evidence certain documents from the Government Department.  The Chief Secretary claims privilege on the ground that the record is confidential and secret and withholds the documents from the Court.  Decide the question of privilege as is raised on these grounds.
(b)  Can a party cross-examine its own witness?  If so, on what grounds?
Q.9.  (a)  "Rules relating to presumption form a very important part of law of evidence".  Discuss briefly with reference to the provisions of Indian Evidence Act 1872.
(b)  What presumptions if any are available as to dowry death, as to abatement of suicide by a married woman and in a rape case.
Q.10.  Discuss the evidentiary value of the following :-
(a)  Accomplice evidence  (b)  Expert opinion
Q.11.  Explain fully the law relating to credibility and competence of witnesses.
The accused made statement to A that the bite mark on his cheek was caused by the deceased when she was strangulated by him.  Later in the course of trial for the murder of the deceased A appears as a prosecution witness and repeats what the accused had told him.