Criminal Law

Himachal Civil Services Judicial
Examination – 2001
Criminal Law Paper – III
Time : 3 Hrs.                                                                                                                                                                                                                                                               Max Marks : 200

Note :  Answer Five questions in all.  Question No. 1 is compulsory.  Answer any other four 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.

Q.  1.  (a)  Discuss the criminal liability of X in the following :-
(i)  X strikes Z with the intention of causing grievous hurt to him.  Z becomes unconscious.  X believing him dead hangs him by neck with a tree in order to do away with the evidence.  Z dies of strangulation.
(ii)  X's sister was being abducted from her father's house by her husband to take her to his house.  X in order to prevent her abduction stabbed her husband who died in consequence of the injury.
(iii)  X with the intentions of procuring a miscarriage, supplied a pregnant woman a bottle containing some liquid and a packet containing some powder.  He advised her to take them.  On her refusal to do so he approached her with the bottle and took hold of her chin.  She however snatched the bottle from him and cried out loudly on which X fled away.  The liquid and powder was found to be harmless.
(b)  Determine the relevance of evidence in the following  :
(i)  X,  Y and Z are tried for entering into a conspiracy to commit murder of B.  After the murder was committed Z was arrested on the charge of conspiracy.  He was examined before a magistrate and there he made a statement to the effect that there was a conspiracy between him, X and Y for murdering B.  Prosecution intends to prove this statement against X and Y under section 10 of Indian Evidence Act.
(ii)  X is being tried for murder of his wife, W.  A letter written by X to the police officer in charge of the police station confessing the murder was kept near the dead body of W and was found by the Sub- Inspector.  Prosecution intends to prove the confession.
(iii)   Two sisters X and Y were going through a forest.  On hearing a cry Y rushed towards the place and found Z badly injured.  Z told Y that he was stabbed by B and thereafter he died.  The statement was narrated by Y to X.  Before Y could be produced as a witness she also died.  In the trial of B for the murder of Z, X is a witness to prove the statement under Section 32 (i) of the Indian Evidence Act.
(c)   (i)  X is convicted by a Magistrate of the 2nd class under section 341 Indian Penal code and is sentenced to undergo one month's simple imprisonment with fine of the hundred rupees.  In default of payment of fine he has been sentenced to undergo simple imprisonment for further term of 15 days.  Determine the legality of the order.
(c)  (ii)  The Officer Incharge of a police station does not record FIR made by X for murder of his brother.  What alternate, remedies, if any, are available to X  ?
PART – A
Q.  2 (a)  Define and explain dishonestly and fraudulently.  @QUESTION-1 =(b)  Explain the principle of Joint liability as enunciated by Section 34 of the Indian Penal Code.
(c)  A instigates a child to put poison in the food of Z and gives him the poison for that purpose.  The child, in consequence of A's instigation, by mistake puts the poison into the food of Y which is by the side of that of Z.  Determine the criminal liability of A.
(d)  S. is a Superintendent in a government office.  He got a file between December 15 and 16, 1999 to his house and made it available to M and on December 16, 1999 returned it to the office.  The file was in the secretariat of a department which is in charge of the Chief Engineer and the Superintendent is one of the officer working in the department.  S is prosecuted for theft.  Decide.
Q.  3  (a)  "Whenever a court is confronted with the question whether the offence is murder or culpable homicide not amounting to murder on the facts of the case, it will be convenient for the court to approach the problem in three stages".  What are the three stages.  Discuss.
(b)  M, A Pakistani national while at Karachi was making false representations to S at Bombay through letters, telegrams and telephonic talks that he had ready stock of rice, that he had reserved shipping space and that on receipt of money he would be in a position to ship the rice forthwith.  As a result of these representations S parted with rupees fifty lakhs.  No rice was supplied.  M is prosecuted in India for offence under Indian Penal Code.  M pleads that at the time of commission of offence he was not physically present in India, therefore cannot be punished under Indian Penal Code.  Decide.
(c)  In a heated exchange of words M said to Y, "I will give you a severe beating you will remember throughout your life".  Y intends to prosecute M for assault.  Advise Y.
(d)  M and S were living in the adjacent houses and became familiar to each other.  M told her that that had a big bungalow and servants that if she would go with him she would enjoy like a queen.  Pursuant to this, one nights left her father's house and went to M of her own.  M took her to another place.  S was 17 year 11 months and 15 days at that time.  What offence, if any, M commits?
Q.  4  (a)  "Culpable homicide is murder if the act by which death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary couse of nature to cause death".  Explain with the help of virsa Singh v. State of Punjab.
(b)  A, by putting Z in fear of grievous hurt dishonestly induces Z to sign a plain paper and deliver it to B.  Z signs and delivers the paper to B.  What offence, if any, A commits  ?
(c)  M, a Hindu male, married W in 1989 according to Hindu rites and ceremonies.  No child is born out of the wedlock.  In order to have a child M marries S in 1999, with the free consent of W, as per Hindu rites and ceremonies.  Is M guilty of bigamy  ?
(d)  On the letterhead of a Minister, A prepared letters inviting actors to a cultural show.  The letters did not bear the signatures of the Minister.  The show was held on the day scheduled and the invitees came on the basis of those forged letters.  A is prosecuted under sections 465 and 471 Indian Penal Code.  Decide.
PART – B
Q.  5  (a)  What is a fact  ?  Explain fact in issue.
(b)  The question is whether A's dog killed certain sheep belonging to B.  What is the relevance of the fact that the same dog had been seen killing one of B's sheep on a mountain on a Saturday and other sheep of B were found dead on the same evening  ?
(c)  A is accused of murdering B on the 15th December 1999.  Is it relevant for A to prove that B was alive till 31st of December 1999?
(d)  P is charged with murder of his wife and three daughters.  He had stated that they (the wife and daughters) were not in this world.  Prosecutor intends to prove this as confession of P.  Advise the prosecutor.
Q.  6  (a)  "Mere filing of a document in a court is not enough to make the document a part of the record.  There is still a preliminary matter to be attended to before the contents of a document may be read as evidence".  What is that preliminary matter ? Explain the modes of proving the same.
(b)  A, B and C are being tried for murder of M.  A made a statement to the Sub-Inspector of Police while in his custody that, "I together with B and C murdered M and have concealed the body under a culvert".  The dead body was recovered in consequence of the information.  Afterwards B and C also made similar statements.  Which part of this statement is relevant and against whom is it relevant  ?
(c)  A sues B for the possession of a certain house alleging that it belongs to him (A) and that B is trespasser.  B contends that the house belongs to him.  He further alleges that there was previous civil litigation between the same parties for the same house and it was decided that the house belongs to him (B).  B renders oral evidence to prove the contents of the previous judgment.  Can he do so ?
(d)  A prosecution was instituted by D against N at the instance of and on behalf of F for criminal trespass of a certain house belonging to F.  D gave evidence at the trial of F.  F has brought a suit against N for possession of the house.  D has died when the civil suit comes up for hearing.  At the trial of the civil suit deposition of D in the criminal court is tendered as evidence by F.  determine the admissibility of deposition.
Q.  7(a)  What is a leading question and when can it be asked  ?
(b)  M is prosecuted for murder of Z.  M had made a statement to his wife W that he was going to Z to hand him over some jewels.  She has been divorced by M and has now married S.  the prosecution wants to prove the statement by M to W in the trial of M who objects to it.  Will she be permitted to prove the statement  ?
(c)  A had made a statement previously that he saw B stabbing C to death, but before the court he deposes that he saw B and D stabbing C to death.  How can the accused use the previous statement  ?
(d)  X is being prosecuted for abetting the suicide committed by his wife.  advise the prosecution as to what evidence should be adduced so as to raise the presumption under Section 113 A of the Evidence Act 1872 that the suicide was abetted by X.  (2001 H.P.)
PART – C
Q.  8  (a)  Define a complaint.  What are requisites of a complaint  ?
(b)  X belongs to a place in Punjab and has last resided with his son at that place but the son since his employment resides at Shimla.  At which place X should initiate the proceedings for maintenance against his son  ?
(c)  X on being told by his servant that Y has committed theft arrests Y and hands him over the police officer.  Is X justified in making the arrest of Y?
(d)   An Executive Magistrate took cognizance and commenced the proceeding under Section 107 Code of Criminal procedure against X on 15th January 1999.  After enquiry in May, 1999 he passed an order directing X to execute a bond for keeping peace for a period of one year from the date of the order.  Discuss the legality of the order.
Q.  9.  (a)  Define a charge.  What should it contain  ?
(b)  X after committing the murder of Y has fled away.  The prosecution wants that the statement of witnesses should recorded before Y is arrested.  What should be proved by the prosecution and what is the use of such statement, if recorded ?
(c)  A judge has been prosecuted and sentenced for receiving bride from a litigant for delivering a judgment favourable to him.  He challenges the conviction and sentence on the plea that it is illegal for want of the sanction of the government.  Decide.
(d)  In a case under Section 498 A Indian penal Code the magistrate orders recording of the statement of the wife under Section 164 Code of Criminal Procedure second time on her plea that she was under influence of drugs when her statement was first recorded.  Determine the validity of the order.
Q.  10.  (a)  Write a note on anticipatory bail.
(b)  A wife made a report to the police that her husband has committed an offence under Section 406 IPC for misappropriating her dowry articles.  The police filed that charge sheet on the basis of which the court took cognizance of the offence.  The Magistrate permitted her to withdraw the case and acquitted the accused under section 257 Cr. P.C. Determine the validity of the order.
(c)  Sentences imposed on the accused persons in different cases under various offences were specifically ordered by the court to run consecutively.  Subsequently one of the convicts prayed that the imprisonment awarded to him for several offences be directed to run concurrently.  The prayer is granted by the court.  Discuss the legality of the order.
(d)  X had reported the murder of his brother by Y to the police.  Y has been prosecuted on the basis of the police report and acquitted by the sessions court.  X files a revision petition against the acquittal of Y in the High Court.  Is the revision maintainable  ?