Legal Aptitude 2 (Criminal Law)
Description: Criminal Law | |
Number of Questions: 25 | |
Created by: Darshan Khurana | |
Tags: Criminal Law |
Fact: The appellant Virsa Singh Thrust a spear in the abdomen of the deceased with such force that it penetrated the bowels and three coils of the intestines came out of the wound. The doctor who conducted the post mortem said that the injury was sufficient to cause death in the ordinary course of nature. Issue: The accused are guilty of murder of culpable homicide.
Fact: About a year before the date of occurrence, Bachhan Singh, son of the deceased, had caused a severe injury on the leg of one Pritam Singh resulting in the amputation of leg of one appellant. Father of Pritam Singh harboured a grudge against Bachhan Singh and his father. On one day, the appellant and his associate caught hold of the deceased (father of Bachhan Singh) and inflicted as many as 18 injuries on the arms and legs of the deceased with a gandasa. Issue: The accused are guilty of murder or culpable homicide.
Fact: In a case, there was bad blood between the two factions and they were involved in number of incidents and criminal proceedings. On one day, deceased (belonging to one faction) was followed by members of other faction when the deceased, a 55 year old man, tried to ran away, he was not allowed by the accused who indiscriminately pounded the legs and arms of his by heavy sticks and continued the beating till he became unconscious. The accused than left the spot. The doctor found as many as 19 injuries out of which no less than 9 were (Internally) found to be grievous. The doctor gave the opinion that the injuries were cumulatively sufficient to cause death in the ordinary course of nature. Issue: The offence committed is murder or culpable homicide.
Facts: In this case, the question was when death is caused by a single blow, whether clause three of section 300 is attracted. In the case in question, the accused persons came armed with deadly weapons and there was an altercation and exchange of hot words where after the accused assaulted victim with a bhala causing injury on the chest rupturing major blood vessels resulting in her instantaneous death. Issue: The accused are guilty of murder or culpable homicide.
Facts: One Bherun and his father were on inimical terms with the appellants. On 29 June 1961, Behrun was going towards his fields when he was caught hold of by Anda and Ropa (appellants). They dragged him inside a house and beat him severally. His arms and legs were smashed and many bruises and legs were smashed and many bruises and lacerated wounds were caused on his person. The doctor who conducted the autopsy opined that injuries and that all the injuries collectively were sufficient in the ordinary course of nature to cause death. Issue: Are the appellants guilty of murder or culpable homicide.
Fact: The accused armed themselves with deadly weapons and secured themselves on the terrace of a house, collected the opponents by beat of drum and threw out a challenge of fighting. Thereupon the deceased used provocative language challenging the accused to come out of the house and fight. The accused did and killed the deceased. Issue: Whether the accused is guilty of murder?
Fact: On A's reaching home after a long absence his wife confessed that she had developed intimacy with his friend and was carrying his child in her womb. A was shocked but did not display any external signs of his shock. However, he did neither eat nor drink anything nor talked to any one thereafter. Three hours after the incident, A drove his wife to her mother's house and left her there. From there he went to his friend's house and on his opening the door shot him without any argument. Can A successfully pleased grave and sudden provocation mitigation. Issue: Whether the accused is guilty of murder?
Fact: The accused K.M. Nanavati was an officer. In the year 1956, The Nanavatis were introduced to Ahuja. Gradually, a friendship developed between Ahuja and Mrs. Nanavati Which culminated in criminal intimacy between them. One day Mrs. Nanavati confessed to Mr. Nanavati of her illicit intimacy with Ahuja. Enraged at the conduct of Ahuja, the appellant wanted to settle the matter with Ahuja. Thereafter, he drove his wife and two children to a cinema and left them there, and then went to his ship and took a revolver. He then went to the flat of Ahuja a filthy swine and asked him whether he would marry his wife and took after the children. The deceased retorted, “Am I to marry every woman I sleep with”? the accused became enraged and shot Ahuja dead. Issue: Whether the accused is guilty of murder?
Fact: X started from Delhi on his car to go to Gurgaon, at about 11.00 p.m He was driving at a reasonable speed and quite carefully. But unfortunately, on the way he knocked down two coolies who were lying and sleeping on the road itself. X is prosecuted for causing death of the two coolies by rash and negligent driving under Section 304 A, IPC. Can X be convicted? Discuss. Issue: What offence, if any, has been committed?
Fact: A left his car engine running on a busy street when he stepped out for a minute to purchase a bottle of water from a shop on the side. While he was in the shop, some miscreant released the hand break of his car. The car being on a slope, crashed into a person standing nearby he died as a consequence. Can A be convicted for causing death by rash and negligent act? Issue: What offence, if any, has been committed?
Fact: The deceased Sabir and the accused Akhtar were two brothers who lived in two parts of the same house while their parents and other brother lived at some distance in the same street. Sabir and his wife Chhoti were people of bad temper and quarrelsome nature. One day, Chhoti was quarrelsome with other members of the family who had come to visit Akhtar. In the meanwhile Sabir came home and abused everyone there. He used highly objectionable language against his own father as well as against Akhtar, in the presence of his two other brothers, mother and other neighrbours. Akhtar was provoked by such vulgar language but still kept quiet. Sabir to teach Akhtar a lesson, grappled him and in the fight Akhtar struck Sabir twice with his knife. Issue: Whether Akhtar acted under grave and sudden provocation and thus entitled to benefit of Exception I to Section 300?
Fact: A, bus driver seeing the green signal at a road crossing, raised the speed of his bus to clear the crossing before the lights turned red. However the lights turned red before A could reach the crossing and due to his failure to stop the bus in time he collided with an auto rickshaw coming on green lights from right direction. As a result the auto rickshaw driver died on the spot and 2 passengers in it got seriously injured. What offence, if any, is committed by A? Support your answer with case law. Issue: What offence, if any, has been committed?
Fact: On learning about his wife's extramarital affair with his best friend. A went marital affair with his best friend. A went into a state of shock. He did not have food that afternoon and did neither talk to any one nor watched his favorite day time TV serial. Shortly after forenoon, A was seen on his friends flat, where he is alleged to have shot him dead without uttering a single world. A is prosecuted for the murder of B. Give argument in A's defence. Issue: Whether the accused is guilty of murder?
Facts: X who was driving a car at night, entered a road which was under repairs and closed for traffic. He ran over and killed two coolies who were sleeping on the road with their bodies completely covered under dark blankets, X is prosecuted for causing death of the two coolies by rash and negligent driving under Section 304 A, IPC. Can X be convicted? Discuss. Issue: What offence, if any, has been committed?
Fact: A, a scientist, working on a rare fuel project had fixed an electronic device that not only set in motion an alarm, but also released high voltage electric shock to guard his lab against thieves and intruders. B who had sneaked into the lab with a view to steal the fuel formula died on account of an electric shock. Can A be prosecuted for an offence under section 304 A? Issue: What offence, if any, has been committed?
Fact: Two girls of around 17 years of age were alleged to have been kidnapped from lawful guardianship. Both the girls categorically stated that they had gone voluntarily, Rather they had persuaded the accused to take them for an outing. Issue: What offence, if any has been committed?
Fact: With a view to chastising her daughter, the accused gave a kick on the back and two slaps on the face, the result of which was death. Issue: What offence, is any, is caused by the accused in the above case?
Fact: In the course of an altercation between A and B on a dark night, the former aimed a blow with his stick at the head of the later. To ward off the blow, B's wife X, who had a child on her arm intervened between them. The blow missed its aim and fell on the child head causing severe injuries, due to which the child died. Discuss the liability of A. Issue: What offence, if any, has been committed?
Fact: A, a 15 year old girl, left her mother's house and joined the accused because her mother has turned down the proposal of her marriage with the accused on the ground that she was too young. While she was with the accused he had sexual intercourse with her against her will. Issue: What offence, if any, has been committed?
Fact: X, a boy of 15 years asks a girls of 16 years to run away with him for getting married. On this suggestions the girl runs away with X, from Delhi to Madras. Can x be convicted for kidnapping? Discuss. Issue: What offence, if any, has been committed?
Fact: A causes an injury to Z, which results in his death. It was never intended by A to cause his death nor in normal conditions could it have caused Z's death. What offence A has committed? Issue: What offence, if any, has been committed?
Fact: A, a 15 year old girl, having been rebuked by her mother leaves her house. At railways station she met the accused who takes her to his house. He provides her clothes, money and ornaments at his house and has sexual intercourse with the girl with her consent. Issue: What offence, if any, has been committed?
Fact: M owed Rs 1000 to P but did not pay back though the latter made demands several times. P lasty made another demand but M as usual promised to pay later whereupon P kicked him twice on the abdomen and M collapsed and died. What offence is P guilty of? Issue: What offence, if any, has been committed?
Fact: A struck violent blows on the head and shoulders of a woman who was carrying an infant child in her arms. One of the blows feel on the child and killed it while the woman received simple injuries. Discuss the liability of A. Issue: What offence, if any, has been committed?
Fact: A girl of about 16 years was in love with the accused. The evidence showed that she left her home on her own accord and joined the accused for getting their marriage registered and live as husband and wife. Issue: What offence, if any, has been committed?