Criminal Law

Himachal Civil Services Judicial
Examination, 2000
Criminal Law Paper III
Time : Three Hours                                                                                                                                                                                                                                                        Max marks : 200

N.B.  :-  Answer Five questions in all.  Question Nos. 1 and 2 are compulsory.  Answer any other three questions from the rest selecting at least one question from each Part.  Candidates are required to give reasons in their answers and discuss case law and legal provisions at appropriate places.  Marks are shown against each question.

Compulsory Part
Q.  1  (a)  A citizen of Australia, residing in Canada, instigates from Canada commission of murder of an India citizen x in Shimla.  The murder is committed accordingly in Shimla.  Is A liable  ?
(b)  B points a loaded pistal at A and asks him to kill X then and there.  A accordingly attacks X and kills him instantly.  Is A liable ?
(c)  A Magistrate takes cognizance of an offence under Section 190 (1) (c) of Code of Criminal Procedure, 1973 and decides the matter without informing him that he is entitled to have case tried by another Magistrate.  Is proceedings legal  ?
(d)  A Photostat copy of a document without attestation is produced as evidence.  Is this evidence relevant  ?
Q.  2  (a)  A is charged with having entered into a criminal conspiracy with two unknown person to commit murder of X.  Can A be convicted if this charge against him is proved beyond doubt  ?
(b)  a instigates B to murder X.  B is pursuance of the instigation stabs X.Xrecovers from the wound.  Is A guilty of instigating B to commit murder of X?
(c)  A, an accomplice against whom a public prosecutor has clarified that he has not complied with condition of pardon is tried under section 308 of Code of Criminal Procedure 1973.  A proves that he had complied with conditions of pardon.  In view of the pardon already granted to him, the court reduces the quantum of punishment.  Is this reduction of punishment legal  ?
PART – A
Q.  3(a)  "It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it.  It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.  "Explain.
(b)  "An assembly of five or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is to resist the execution of any law, or of any legal process".  Explain.
(c)  A makes a false entry in his stop-book for the purpose of using it as corroborative evidence in a court of justice.  What offence does A commit ?
(d)  A, intending to murder Z, by poison, purchases posion and mixes the same with food, and places the food on Z's dining table.  What offence does A commit?
Q.  4  (a)  Discuss the liability of a person who causes bodily injury to another who is laboring under a disorder, disease, or bodily infirmity, and thereby accelerates the death of that other.
(b)  "Life imprisonment is rule and death sentence is an exception in murder convictions.  "Explain.
(c)  A, in good faith, believing a watch belonging to Z to be A's own watch, takes that watch out of Z's possession.  What offence does A commit?
(d)  A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop.  What offence does A commit?
PART- B
Q.5  (a)  What steps can be taken by a Magistrate to compel an accused to present himself before the court ?
(b)  When may a charge be altered ? What are the consequences of alteration of a charge ?
(c)  A is arrested for committing a cognizable offence.  The police officer who arrested him proceeds for his medical examination so as to obtain evidence against him.  A resists the said examination on the ground of his fundamental right under Article 20 (3) of the Constitution.  Decide.
(d)  A is produced before a Judiclal Magistrate to make a statement under Section 164 of the Code of Criminal Procedure, 1973.  A refuses to make the statement.  The magistrate authorizes the police to keep him in remand under Section 167 of the said Code for a period of seven days.  Decide.
Q.  6  (a)  Examine the scope of power of District Magistrate under Section 144 of the Code of Criminal Procedure, 1973 in urgent cases of nuisance or apprehended danger.
(b)  What is the procedure for taking cognizance of an offence of defamation punishable under Section 500 of the Indian Penal Code ?
(c)  X goes to a police station to lodge First Information Report of a cognizable offence.  The concerned police officer avoids recording of the said information.  Advise X.
(d)  A has committed a cognizable and non-bailable offence within the district of Rohtak and hence the jurisdiction to try the said case is vested in the court of Rohtak District.  But the State Government directs that the case may be tried in some other Session division.  Decide about the validity of the State Government's order.
Q.  7  (a)  "Relevancy" and "admissibility" are not co-extensive terms.  Explain.
(b)  What is "Miranda exclusionary rule"?  Is it applicable in relation to section 26 of Indian Evidence Act 1872 ?
(c)  A well known person in society committed an offence.  During investigation and inquiry be demanded for identification parade which was rejected.  He challenges his conviction on the ground that there was no identification.  Decide.
(d)  In a case, the legitimacy of child is challenged.  The opposite party argues that the child born during continuance of valid marriage which in itself is a conclusive proof and hence cannot be questioned.  Decide.
Q.  8  (a)  Who is a Competent witness  ?
(b)  Examine the power of the court under Section 165 of Indian Evidence Act, 1872.
(c)  A gives evidence of his good character.  In response, prosecution adduces evidence of his bad character.  A questions the admissibility of prosecution under Section 54 of Indian Evidence act, 1872. Decide.
(d) A dying declaration was recorded by a doctor. He was transferred thereafter. The prosecution wants to adduce evidence thereof. Advise.