Criminal Law

Himachal Civil Services Judicial
Examination, 1994
Criminal Law – Paper III
Time Allowed : Three Hours                                                                                                                                                                                                                                      Maximum Marks : 200

Note : Question No. 1 is compulsory.  Attempt any four from the rest selecting one question from each of the four groups.  Cite case law and legal provisions at appropriate places.  Marks are shown against each question.

Q.  1A.  Examine the legality of the following :-
(i)   A private lawyer conducts the prosecution case initiated by the police,  although Assistant public prosecutor is present in the court representing the police.
(ii)  A Sessions Judge allows a criminal appeal against a sentence of fine of Rs. 100.00 only awarded by a Judicial Magistrate First Class.
(iii)  A Chief Judicial Magistrate order investigation in a case where in the police reported under Section 157 Cr. P.C. that there was no sufficient ground for proceeding with the investigation.
(iv)  An Investigation Officer keeps a few witnesses of a case in police custody, so that they may not change their statements in the court and remain available at the time of hearing.
B.  What offence, if any is made out in following cases :
(i)  A is prosecuted for instigating B to Commit theft at C's shop.  No theft was actually committed, as B had refused.
(ii)  A couses cattle to enter upon Z's field intending to cause damages to Z's crop.
C.  Examine the admissibility of evidence in following cases :-
(i)  A magistrate admits in evidence certain statements made by an accused to his wife in a criminal case.
(ii)  In a case for receiving knowingly stolen property, it was proved that accused was in possession of the particular stolen property.  The magistrate trying the case further admitted in evidence, that the accused was in possession of many other stolen articles.
GROUP – A
Q.2(i)  A Civil court of competent jurisdiction comes to conclusion that the wife of a person is not entitled to maintenance.  The wife approaches the magistrate's court claiming maintenance under Section 125 Code of Criminal Procedure.  Whether the claim is maintainable ?
(ii)  In the summons case on complaint, the complainant was absent on a date fixed although his counsel was present.  The counsel  for the accused insisted that complaint be dismissed and the accused be acquitted, while complainant's counsel pleaded for adjournment as the case would not proceed on account of the non-arrival fo the witnesses, who have not been summoned by the office of the court.  Decide.
(iii)  An accused was discharged on account of lack of evidence.  However, he was again prosecuted for the same offence by producing additional evidence.  Examine the legality of the prosecution.
Q.  3.  Advise the Magistrate in the following cases :
(i)  In a trial the accused was charged with attempt to commit murder under Section 307 Indian Penal Code.  However, the Magistrate concludes that it was only a case of causing grievous injury under Section 326 Indian Penal Code.  There was no charge under Section 326 Indian Penal Code.
(ii)  A Police Investigating Officer, while investigating a cognizable offence, concluded that only a non-cognizable offence was committed and accordingly he submits his report to the Magistrate after completion of investigation.
(iii)  While trying an accused, a Judicial magistrate concludes that in the circumstances of the case, the accused deserves more punishment than he was empowered to impose.
(iv)  A prosecution case was allowed by the Sessions Judge to be with-drawn under Section 321 Code of Criminal Procedure, the Magistrate is in a fix either to discharge the accused or acquit him of all the charges.
GROUP – B
Q.  4(i)  "A confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence.  "Elucidate.
(ii)  Whether a magistrate can permit a party to cross-examine his own witness ?  If so, state the circumstances.
(iii)  Birth of a person, during continuance of a valid marriage of his mother with a man is conclusive proof of his legitimacy.  Whether such legitimacy can be rebutted in any circumstances ?
Q.5  (i)  What is 'dying declaration'?  Give its essential ingredients.
(ii)  Two sisters were murdered at the same time.  The younger one had died immediately while the elder one was alive when other people arrived.  She told them how the accused had killed her younger sister but before she could narrate about her own self she died.  Discuss the validity of her dying declaration.
(iii)  'Dying declaration' of a person was recorded, in which he implicated X and Y.  However, the person survived.  Subsequently, X and Y were prosecuted, for attempt to commit murder of that person.  During the trial, the aforesaid 'dying declaration' is sought to be given in evidence.  Discuss the admissibility and validity of the dying declaration.
GROUP – C
Q.6  (i)  B had gone to U.S.A. and has yet not come back.  A bore grudge against B and is convinced that B is the only person responsible for his downfall and ruin.  One morning, while passing through a garden, A shouted "B, stop, I will kill you" and fired thrice.  However, no one was injured, but A was arrested and prosecuted for attempt to commit murder of B.  Decide.
(ii)  What offence, if any, is constituted in the following cases :
(a)     A doctor treated the wife of B for venereal disease.  Subsequently he demanded an exorbitant amount of money from the lady, otherwise he would make her disease public.
(b)    A surgeon in good faith, communicates to one of patients that in has opinion, he will not survive.  The patient died in consequence of the shock.
(c)    A prostitute communicated venereal disease to a man, who sleeps with her on her assurance that she was not afflicted with any disease.
Q.  7  (i)  Few constables illegally arrested a villager.  Some village men protested and demanded his release, however the constables commanded them to go back and proceeded towards the city.  The crowd of villagers followed the constables demanding the release of the arrested person.  In order to frighten the villagers, one of the constables fired at them.  One of the villagers also fired in retaliation causing death of one of the constables.  The village-men are prosecuted for the murder of the constable.  It was argued on behalf on the defence that they had to fire in exercise of the rights of private defence.  Decide.
(ii)  A and B are prosecuted for murder of X.  It is alleged that A and B, successively, though independently with murderous intention wounded X, X died due to loss of blood, caused by both the wounds together.  It also came in evidence that X would not have died from either of the wounds alone.
Decide the case discussing criminal liability of each of the accused separately.
GROUP – D
Q.8.  Differentiate between –
(i)  criminal misappropriation and criminal breach of trust.
(ii)  Kidnaping and Abduction
(iii)  Extortion and Intimidation
(iv)  Criminal Force and Assault
Q. 9  (i)  A claimed a house on the basis of a registered will against B.  In support of his claim.  A examined himself as witness.  In cross- examination he admitted that one of the witnesses, who has signed the will is still alive.  B entered into witness box in defence and deposed that the testator was completely paralyzed and had lost all him sense.  No other witness from either side was examined.
Decide giving reasons for your conclusion.
(ii)  a is tried for murder of X.  Evidence shows that X was actually murdered by A and B, and that B said, "A and I murdered X".
Is B's confession admissible in evidence against A ? Discuss giving reasons.
(iii)  Whether an admission can be used by the maker of admission in his own favour ? If so, state the circumstances.
Q.  10  (i)  What is a Complaint  ?  Give its essential ingredients.
(ii)  Whether statement of witnesses recorded by the investigating Officer be, in any way, used during the trial ? If so, state the circumstances.
(iii)  Whether a court, in any circumstances, can release a person, instead of awarding him a sentence of imprisonment, even if it finds him guilty of an offence, punishable with imprisonment ? If so, state the position.
(iv)  Define bail.  Whether  bail once granted can be cancelled ? If so, state the circumstance.