Criminal Law

Himachal Civil Services Judicial
Examination 2005
Criminal Law Paper III
Time Allowed : Three Hours                                                                                                                                                                                                                         Maximum Marks : 200

Note  :  Answer Five Questions in all.  Questions No. 1 and 2 are compulsory.  Answer any three questions from the rest selecting at least one question from each part.  Candidates are required to give reasons in their answers and discuss the relevant case laws and legal provisions at appropriate places.

Q.  1  (a)  What classes of persons can be ordered by a Magistrate of first class to give security for good behaviour without being convicted of any offence ?   What is its procedure.
(b)  A Sub Inspector of police in course of holding an investigation in a murder case examines some of the prosecution witnesses and reduces their statement in writing and obtains their signature on such statement.
Decide the following the reference to the relevant provisions of the Criminal Procedure Code :-
(i)    Is the procedure in the above case correct  ?
(ii)    Can these statements be proved in spport of the prosecution case where the witnesses retract their statements and turn hostile to the prosecution  ?
(iii)    Can the prosecution make any use of such statements in the trial of the accused  ?
(c)   What are the cases in which an accused person may be convicted of an offence, which is not specified in the charge on which he has been tried  ?
(d)  Where A can be tried in the following cases :-
(i)  A is charged and tried at Agra with receiving and retaining stolen goods.  The theft occurred at Agra and the goods were received by A at Mathura.
(ii)  a non-citizen of India commits an offence in Pakistan and there after comes to India and acquires Indian Citizenship, he is then charged and tried before a Magistrate in India for the offence which was committed in Pakistan.
Q.  2  (a)  Discus the law relating to attempt to commit crimes, state whether a person who invites another to commit an offence is guilty of any offence under the Indian Law.
Decide the following cases  :-
(b)   (i)  A police, officer saw a horse tied at his neighbour, B's house which resembled with the house lost by his father.  He, therefore, jumped to the conclusion that either his neighbour has stolen the horse or purchased it from a thief.  On intimation by B that he had purchased that horse from C, A immediately arrested C and asked for bail till inquiry is proceeded.
(ii)  A an accused believing in good faith the age of an unmarried girl C to be over eighteen years, took her away from the custody of her parents without their consent.  It was afterwards disclosed that C was below eighteen years of age.
(c) (i)  A village woman of twenty was ill treated by her husband.  There was a quarrel between the two, and the husband threatened that he would beat her.  Late that night the woman taking her six months old baby in her arms, slipped away from the house.  After she had gone some distance, she heard somebody coming up behind her, and when she turned round and saw her husband was pursuing her she got into a panic and jumped down a well nearby with the baby in her arms.  The baby died but the woman recovered alive from the well.  She was charged with murder of the child and with attempt to commit suicide.
(ii)  A an accused killed a girl being frustrated in his attempt of marry her by pouring acid on her person which caused burns to the extent of 35% on her body and she died after 12 days due malvena (passing of old blood in stool) and respiratory failure.
(d)   (i)  Explain and illustrate the ingredients of Criminal misappropriation of property.
(ii)  From the body of a dead man found floating in a river, the policeman on duty recovered an identity card of the deceased and a costly wrist watch and a gold ring.  The policeman did not record in the recovery memo, the last two items and pocketed them.  What offences, if any, were committed by the policeman ?  Give reasons to support your answer.
PART – A
Q.  3  (a)  State the various conditions which are essential to impose Criminal liability on the drawer when his cheque is dishonoured as per provision of Section 138 of the Negotiable Instruments Act, as amended by amendment Act 55 of 2002.
(b)  M/s ABC Ltd. is a manufacturing company of T.V. Sets. Mr.  A was the authorized agent of the above company.  A issued a cheque of Rs. 22,000/- (Twenty Two Thousand) in favour of the Company and the cheque was drawn on Bank of India, the cheque was returned with the remarks "Payment stopped by the drawer".  Notice was sent to A by the company.  But the company has not received any response from A, then ultimately the complaint filed by company against Mr.  A under Section 138 of N. I. Act.
Decide in the light of the provisions of the Negotiable Instruments Act, 1881:-
(i)    Whether A has committed any offence under Section 138 of N.I. Act.
(ii)    Whether the complaint of the company is tenable as per provisions of Section 138 of the N.I. Act.
(c)   Mr. X who is partner in the partnership firm issued a cheque for Rs. 13,000/- in favour of Y for discharge of liability which was dishonoured.  The Y filed a complaint against mr.  X of which cognizance was taken by the court.  The (Mr. X) filed petition for quashing the complaint on the ground that cheque was issued by the firm and hence the offence was committed by the firm and not by him (Mr. X).  The prosecution is not maintainable as the firm is not made an accused in the complaint even if the petitioner was in charge of the business of the firm.
Decide with reference to the relevant provisions of the Negotiable Instruments Act, 1881 :-
(i)    Whether the prosecution is maintainable against Mr.  X without impleading the partnership firm.
(ii)    Whether both (Partnership firm and Mr. X) can be prosecuted together in the same proceedings.
(iii)    Explain the grounds on which Mr. X can be escaped from the above liability.
(a)     under Section 420 Indian Penal Code and Section 138, Negotiable Instruments Act are quite same.
Decide also the following in reference to the above :
i)    Whether the two offences covered by Section 420 Indian Penal Code and Section 138, Negotiable Instruments Act are quite same.
ii)    Whether there is an application of the principles of double jeopardy or rule of estoppels comes into play.
Q.  4  (a)  What procedure is adopted by a Forest settlement officer relating to constitute any forest land or waste-land as a reserved forest under the Indian Forest Act, 1927 ? When there is a notification by State Government relating to the above.
(b)  Discuss the powers of the forest settlement officer relating to acquire the land over which right is claimed by some persons during the inquiry under Section 4, 5 and 6 of Indian Forest Act, 1927.
(c)  Discuss the criminal liability of Mr. A in the following cases with reference to relevant provisions of the Indian Forest Act, 1927.  Has any amendment been made by the State of Himachal Pradesh relating to the quantum of punishment
(i)  If Mr. A sets fire to a reserved forest, or in contravention of any rules made by the (State Government) in this behalf, kindles any fire or leaves any fire burning, in such manner as to endanger such a forest.
(ii)  If Mr. A trespasses or pastures cattle, or permits cattle to trespass.
(d)   What are the acts prohibited in a reserved forest if otherwise not permitted by the forest officer in writing ? Discuss.
PART – B
Q.  5  (a)  Can a State Government by notification in the official Gazette declare a reserved forest as a protected forest ? Laid down also the procedure of declaring a waste land (which is the property of government) as a protected forest.
(b)  What are the rules which a State Government can make for a protected forests.
(c)  "Hunting of wild animals is prohibited".
Examine above statement with reference to the relevant provisions of the Wild Life (Protection) Act, 1927 and also discuss the various situations under which hunting of wild is allowed with due permission of competent authority.
(d)   Examine the criminal liability and quantum of punishment which may be imposed on conviction in the following cases with reference to the relevant provisions of Wild Life (Protection) Act, 1972.
(i)  Mr.  X commits an offence relating to hunting a tiger inside the boundaries of National Park.
(ii)  Mr.  X being a forest officer while exercising his powers under this Act cersatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50 of thw Wild Life (Protection) Act, 1972.
(iii)   In order to catch the wild rabbits Mr.  'X' willfully clears the bushes area and destroys the home to rabbits.
Q.  6  (a)  Write a critical note in brief on Sanctuary, National Park and closed area in he context of the Wild Life (Protection) Act, 1972.
(b)  The zoo authority of Delhi wants to transfer 3 tigers to the zoo of Kanpur.
You are required to state the regulations relating to transfer of animals from one zoo to another zoo.
(a)     "Wild animals etc., are government property but a certificate of ownership can be issued for lawful possession of any wild animal or any animal article, trophy, uncured trophy etc."
Discuss the above statement with reference to the relevant provisions of the Wildlife (Protection) Act, 1972 whether there is a legal procedure relating to trade or commerce in wild animals, animals articles and trophies.
(b)     Mr. 'A' enters in a Wild Life sanctuary with a Gypsy (motor car) along with his two servants hunts two black bucks and took them to the Hotel where he was staying eventually but due to strict vigilance of a forest officer Mr. 'A' was arrested in Hotel and the officer took the possession of skin and freshmeat of the bucks.
Discuss the following with reference to the :-
(i)    Relevant provisions of the Wild Life (Protection) Act, 1972.
(ii)    The powers of the forest officer which can be exercised by him in relation to the above type of offences.
(iii)    The ownership of a vehicle which has been used for committing the above offence.
(iv)    What are the penalties which can be imposed in such a case.
PART – C
Q.  7  (a)  Describe in your own words the difference between 'Murder' and culpable homicide not amounting to murder.
(b)  Two boys simultaneously run to catch a loose flying kite, in the scuffle the kite gets torn and they accuse each other of having torn the kite.  They are abusing each other also.  In the mean time one of them takes out a knife and strikes the other with it in the abdomen.  The victim dies shortly after.  What offences if any has been committed by the boy who struck the knife blow  ?
(c)  (i)  A Magistrate convicts on accused under Section 323, Indian Penal code and sentences him to undergo six months rigorous imprisonment and to pay a fine of Rs. 200/- in default of payment of fine to undergo further six months rigorous imprisonment.  Is the judgment of the Magistrate according to law ?  Give reasons.
(ii)  A Munsif orders his Ahlemed (a ministerial staff of the court) to go and attach the movable property of a judgment debtor in satisfaction of a decree.  At the spot, on learning that the judgment debtor is one of his distant relations, the Ahlemed does not attach the property and allows it to be removed by the judgment-debtor.  The decree remains unsatisfied.  What offence, if any, has been committed by the Ahlemed  ?
(d)   Describe the provisions of the Pubjab Excise Act (I of 1914) relating to the establishment or licensing of distilleries and breweries.
You are also required to state the restrictions or conditions which may be imposed by the Financial Commissioner in respect of the above purpose.
Q.  8  (a)  Explain the provisions of Sections 61 and 62 of the Punjab Excise Act (1 of 1914) regarding penalty and punishment which may be imposed for committing certain type of the offences.
(b)  State the grounds on which licences may be cancelled or suspended by an appropriate authority under the Punjab Act (Iof 1914).  Whether the licence holder be entitled to get any compensation for its cancellation or suspension.
(c)  "Requirements of procedure are generally intended to subserve the ends of justice."
Discuss the above statement with reference to the provisions laid down in Sections 464 and 465 Criminal Procedure Code.
(d) (I)  State whether an appeal lies in the following cases and to which court:
(i)  A Sessions Judge in a sessions trial convicts the accused to two seeks rigorous imprisonment.
(ii)  A first class Magistrate acquits the accused;
(iii)   An order is passed by a Magistrate of the first class rejecting a surety for good behaviour
(iv)   A sentence of imprisonment for two years is passed by an Additional Sessions Judge in a case where a co-accused has been sentenced to imprisonment for five years.
d)  (ii)  A, after committing B's murder absconds but there are eye-witnesses to state that A committed the murder.  A cannot be traced.  What procedure should be adopted by the Magistrate for the recording of evidence during A's absence ? What is the value of such evidence ?