Criminal Law

Q  1.  (A)  H, Husband is facing trial for the offence under sections 304B and 201, IPC for having committed the murder of his wife, W by burning her.  There are no witnesses to the incident.  However, the prosecution has established and relies upon the following circumstance in order to prove the charges against H.
(a)    H was married on 20th February, 2006, H would frequently complaint parents of W did not given sufficient dowry on marriage.
(b)    H had on number of family functions praised R cousin of W, as more beautiful because of which there were strained relations between H and W.
(c)    W had a feeling that there were illicit relations between H and R.
(d)    On the date of incident she raised shrieks which attracted the attention of her sister-in-law living on the ground floor in the same property and she found W extensively in burnt condition which doctors opined to be case of 98% burns.
(e)    There was no kerosene stove in the kitchen, a cane of kerosene with its lid open was recovered from the room.
(f)    H received 6% burn injuries on his hands, while saving W which doctor opined as superficial burns.
(g)    H took two hours to take W to the nearby government hospital.  W died on the next day after expiry of 24 hours but before her death she made a statement to the IO that action be taken against H and R.
(B)  A student of 1st year of Graduation along with three friends B, C and D were coming back to the home, in the early hours of 1st January, 2005 after attending a New Year party.  All of them were in an inebriated condition.  A was on the wheels; B was on side seat while as C and were sitting at the back seat.  Lound music was on in the car.  Suddenly they found a police party having parked their Gypsy jeep in the middle of the road and a policeman waving them to stop the vehicle and they instead of stopping the vehicle accelerated the car to a high speed of 100 KM, as consequence which two of the policemen were knocked down and killed.  One policeman was dragged for almost ten meters before B, C and D got down and removed his body away from the car.  The car sped away.  The blood stains on the car were washed by all the four persons, thereafter, the car was also goet dented and painted.  All the boys were arrested and send for trial for an offence under section 299/201/34 IPC.  The defence took the plea that in a case of 304A, IPC at best against A and 201 IPC against B to D.
Q.  2  Attempt any Five.  Discuss the difference between.
(i)    Breach of trust and criminal mis-appropriation.
(ii)    Kidnapping and abduction.
(iii)    Robbery and Dacoity.
(iv)    Mistake of Fact and Mistake of law.
(v)    Common intention and common object.
(vi)    Abetment and criminal conspiracy.
Q.  3.  (a)  Bail in matters of non-bailable offences is a matter of discretion and if the discretion is to be exercised in favour of the accused, what are the conditions be borne in mind by the courts?  Discuss with reference to provisions in Code Criminal Procedure?
(b)  Power of anticipatory bail under section 438 Cr. P.C. is a concurrent power granted to the Court of Sessions and the High Court.  If you were to file an application for anticipatory bail which Court would you choose and why.  What is the guidelines are to be observed by the Courts while exercising this power.  Discuss with reference to case law, if any?
Q.  4.  Write a short note on any five.
(i)    Statements recorded under sections 161 and 164 Cr. P.C.
(ii)    Investigation, inquiry and trial.
(iii)    Search warrant and production warrant.
(iv)    Police remand and judicial remand.
(v)    Coercive steps to be adopted by courts to procure attendance of an accused.
(vi)    Complaint case and police case.
Q  5.  Who are the person who can claim maintenance under section 125 Cr. P.C.  What are the factors which are to be kept in view while granting maintenance?  Can the Court award interim maintenance?  How the orders of maintenance passed under section `125 Cr. P.C. can be enforced?  Discuss.
Q  6.  Write a short note on any five.
(i)    Competence of witness to testify.
(ii)    Relevancy, admissibility and credibility of evidence.
(iii)    Evidence of accomplice as against the confession of co-accused.
(iv)    Privileged communications.
(v)    Presumption of fact and presumption of law.
(vi)    Burden of proof and onus of proof.
(vii)    Relevancy of evidence as to the good character in civil and criminal cases.
Q.  7.  (a)  What is a dying declaration?  Can it be the sole basis of conviction?  Discuss with reference to case law?
(b)  What is a confession?  What are types of confession which are inadmissible under Indian Evidence Act, 1872?  Is there any exception to this.  Discuss with reference to provisions of the Act?