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HARYANA CIVIL SERVICE(JUDICIAL) 1988-1996

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HARYANA CIVIL SERVICE JUDICIAL EXAMINATION, 1988
Paper I
Civil Law
Time: 3 hrs.    Max. Marks: 200
Note:
(1)        Attempt any eight questions.
(2)        Marks carried by each question on its part are indicated as its end.
Q. 1.     (a)    Comment on the statement that an execution court cannot go behind the decree.

(b)    A plaintiff gives notice under Section 80 of the Civil Procedure Code and institutes a suit before two months but is allowed to withdraw the same with liberty to file a fresh suit. Is he entitled to file a fresh suit without a fresh notice?
(c)    Notice is given by A under Section 80 of the Civil Procedure Code of a proposed suit. A dies before the institution of the suit. Does the notice by A ensure for the benefit of his legal representative?

Q. 2.    (a)     Discuss the doctrine of constructive res judicata.

(b)     A sues B to recover certain property belonging to the estate of C, alleging that his (A’s) father had been adopted by C’s brother D, to whom the property descended on C’s death. The suit is dismissed on the ground that the adoption is not proved. A then sues B to recover the same property claiming it as C’s Bandhu. Is the suit barred as res judicata?

(c)     A, alleging that he is the adopted son of X sues B to recover certain property granted to him by X under a deed and forming part of the estate of X. The court finds that A is not the adopted son of X, but that he is entitled to the property under the deed and a decree is passed in favour of A. Will the finding that A is not the adopted son of X operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue?

Q. 3.    (a)     What is a suit of a civil nature? Give a few examples.

(b)    A obtained a decree ex parte against B, and in execution of the decree brought the properties of B to sale and himself became the purchase. On appeal by B, the appellate court set aside the decree and remanded the suit for rehearing. Then B applied for restitution. While that application was pending, the suit was heard and again decreed. A then contended that as the suit had been decreed no restitution could be granted. Is the contention tenable?

(c)    An application is made to a court of first appeal to admit an appeal from the original decree after the expiration of the period of limitation. Even though the court has the power, on sufficient cause being shown, to admit the appeal, it refuses to do so holding in the exercise of its discretion that there did not exist sufficient cause for not presenting the appeal within the prescribed time. Can this be a ground for second appeal?

Q.4.     (a)     Distinguish between judicial and extra-judicial confession.

(b)     Discuss fully the evidentiary value of retracted confession. Illustrate your answer.

Q.5.     (a)     What is dying declaration? Discuss fully its evidentiary value. Can an accused person be convicted on the basis of dying declaration alone?

(b)     If a person making a dying declaration happens to live, can the declaration be admitted in evidence? If so, what will be the value of such statement in law?

Q.6     (a)     On whom does lie the burden of proof in criminal cases? Is the standard of proof in civil and criminal cases the same? Discuss.

(b)    P was the wife of X. Two months after the death of X she marries Y. Five months after the marriage a son Z is born to P. Who is legally the father of Z?

Q.7.      (a)    What are the principles on the basis of which specific performance of a contract is decreed ro refused?

(b)     State whether specific performance of the following contracts can be obtained:-
(i)    A contract to marry.
(ii)    A contract to lend money on a mortgage.
(iii)    A contract by a guardian to purchase immovable property on behalf of minor?

Q.8.     (a)     Distinguish between rectification and rescission of a contract.

(b)     What is specific performance with a variation?

(c)    Distinguish between prohibitory and mandatory injunctions. On what principles are temporary injunctions granted?
Q.9.     (a)    What are the essentials of a valid offer?

(b)     A makes an offer to B for sale of a radio to B for Rs. 200 only. Next day he sells the radio to C and this fact comes to the knowledge of B from his friends. Can B still accept the offer of A?

(c)    A gave some gold to a goldsmith named B. The goldsmith put the gold in his safe and posted a watchman outside the room. In a raid by dacoits on the house of the goldsmith, alongwith his other property A’s gold was also taken away by the dacoits. Is B liable to A to pay the value of the gold?
Q.10.     (a)     Discuss (i) promissory estoppel and (ii) fundamental breach of contract.

(b)     A person named A entered a famous shop of jewelers at Delhi. He selected a few pieces of ornaments including a diamond ring. After settling the price of the ornaments he gave a cheque of that amount to the jeweler by putting the signature of one R, a famous man of Delhi, on the cheque. Thereafter he stated to the jeweler that all the ornaments were needed to be given in present to his prospective daughter-in-law in the marriage of his son and therefore, they could be sent to him later after the jeweler had got the cheque encashed. However, he expressed the desire to take the diamond ring immediately as the same was to be given at the time of engagement on that very day. The jeweler had heard of R but had never seen him. Relying on the statement of A he let him take the diamond ring with him, A pledged that the same day for Rs. 2000 only with B. Can the jeweler claim the ring from B?

Q.11.    (a)    Comment on the statement that dissolution involves a change in the relation of partners but does not end partnership.

(b)    Distinguish between condition and warranty and give two illustrations of each.

(c)    A contracts to sell to B all the grain that may be produced on his farm. The entire crop is lost due to failure of rains. Who shall suffer the loss?
Q.12.    (a)     ‘The relation of partnership arises from contract and not from status.’ Discuss.

(b)     A gave his new woolen trouser to a laundry for cleaning. On the laundry receipt it was written that in no circumstances the launderer would be liable for any loss beyond 5% of the cost of the clothe. Due to the negligence of the laundry people A’s trouser got burnt. What is the liability of the laundry towards A? (a) A is a teacher in a degree college and B is wife. A goes to Germany on study leave for one year. In A’s absence B maintain herself with the money sent by A. On times when there is delay in the arrival of money she takes goods on credit and pays after she gets the money. Thus once she purchased on credit one maund of rice, four sarces, and one gold necklace. Fifteen days after this A came back. Of which of these goods A is bound to pay the price?


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Paper II
Civil Law
Time: 3 hrs.    Max. Marks: 200
Note: Answer any Five questions, out of which Three must be from Part A and Two from Part B.
Part - A
Q. 1.     (a)    Who are the persons capable of giving a child in adoption and when is the permission of the court necessary in this regard?

(b)    Are the following adoptions valid?
(i)    Adoption of a 9 year old Parsi girl.
(ii)    Adoption of a Hindu boy aged 16 years.

Q. 2.    (a)    Distinguish between Divorce and Judicial separation.
(b)    When can a court refuse to pass a decree of divorce despite the proof of the ground?
(c)    Can an unchaste Hindu wife claim maintenance from her husband?
Q. 3.    (a)    Explain the gift of MUSHA.
(b)    P, a Muslim has a son S, a wife W and a grandson G from a predeceased son D.P make a will of his hole property in favour of G. Decide the validity of this bequest.

Q.4.     (a)    The law of adoption is unknown of Muslim Law. In this connection explain the meaning of acknowledgement of paternity under Muslim Law.
(b)    Who is entitled to guardianship of a Muslim wife who has not attained the age of puberty?

Q.5.     (a)     A and his three sons, B, C and D constituted a Mitakshra coparcenary. B gets himself separated. Then A dies leaving behind the three sons and a widow W. B demands a share in the interest of A in the coparcenary property as well as his separate property. But other heirs refuse to give him. Decide.

(b)     What is a suit for restitution of conjugal rights? Does the refusal of a wife, to resign from her hob amount to withdrawal of society without reasonable cause?

Q.6     (a)     Explain the widow’s right of retention in lieu of her dower debt in Muslim law.

(b)    Two Muslim A and B were married on 18.6.85. It was agreed by the parties that if A took a second wife, B will have a right to pronounce divorce to herself. A took a second wife on 10.4.87. B pronounced divorce on 20.4.84. Is it a valid divorce?
Part - B
Q.7.      (a)    ‘Limitation bars the remedy, but does not destroy the right.’ Discuss and state the exception if any.

(b)     A borrowed a sum of money from B. The last date for filing the suit fell on Sunday. On Monday, the next day A gives a written acknowledgement to B. Advise B whether he should file the suit immediately or he can do so after sometime. Give reasons.

Q.8.        What is legal disability? To what extent such disability extends the period of limitation under the Indian Limitation Act?

Q.9.     (a)    In what circumstances the Registrar can proceed to the re-registration f document?

(b)     Can a document, not presented for registration within time, be registered after the expiry of the prescribed period?
(c)    When the document executed by several persons at different time may be presented fro registration?
Q.10.         State the powers and duties of Registering officers under the Indian Registration Act.


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Paper III
Criminal Law
Time: 3 hrs.    Max. Marks: 200
Note:
(1)        Answer Eight questions
(2)        Figures to the right indicate full marks.
(3)        Answer should be precise.
(4)        Reference of Sections and important decisions wherever relevant should be given.
Q. 1.         Discuss the doctrine of Mens rea. How has it been diluted in the case of strict liability offences?

Q. 2.        Distinguish between any two of the following:--
(a)    Wrongful restraint and Wrongful confinement.
(b)     Kidnapping from lawful guardianship and Abduction.
(c)    Preparation and Attempt.
(d)    Common intention and Common object.
Q. 3.        Decide the following:-
(a)     A and D were cousins and lived in adjacent houses. They were not pulling on well and one day they started quarrelling in front of their houses. A held a Kati (sharp-edged weapon) while D was having a stick in his hand. In the course of quarrel, N, the son of A, threw a small knife towards D. D warded off the knife with his stick and it fell down near him. D attempted to pick up the knife, A gave a stroke with his Kati on the head of D. D received a severe cut injury and fell down senseless and died after two days.
(b)    A contracted to construct a house for B for Rs. 75,000 which covered cost of building materials and of labour. According to the contract, Rs. 15,000 were to be paid to A as advance and the balance was to be paid in four equal installments at the completion of certain stages of construction. Accordingly the advance was paid to A but he did not construct the house nor did he pay back to B the amount of advance. Can A be held guilty of criminal breach of trust?

Q.4.         Decide the liability of A in the following:-
(a)     A received a divine order in his sleep to sacrifice his child of five years of age. He carries on the order and kills his son.
(b)    B claimed to be proof against a sharpened instrument and invited A to get the fact tested. A cut B on arm but B bled to death.
(c)     A without knowledge of the guardian takes H a girl of 16 years out of the possession of her guardian on the request of the girl. He restores her after one week to her parents.
Q.5.         Point out the essentials of a ‘charge’. Can there be a joinder of charges in a trial under the following circumstances?

(a)     A commits thefts on four occasions in 1986, of which two are punishable under section 379 IPC and the other two under Section 380 of Indian Penal Code.
(b)    A attempt to rescue B from the custody of police and while making such attempt causes grievous hurt to constable C and simple hurt to constable D.
Q.6       
Describe the procedure to be followed by a magistrate when a complaint is filed before him. When a complaint may be dismissed by a Magistrate?
Q.7.         Distinguish between any three of the following:--
(a)    Acquittal and discharge.

(b)     Reference and revision.

(c)    Compoundable and non-compoundable offences.
(d)    Cognizable and non-cognizable offence.
(e)    Inquiry and trial.
Q.8.         What is a summon case? State the procedure laid down by the Code of Criminal Procedure for trial of summon cases.

Q.9.         Explain any two of the following:--
(a)    Judicial notice.
(b)    Hostile witness.
(c)    Leading questions
(d)    Accomplice.
(e)    Res-Gestae.
(f)    Privileged communications.
(g)    Hearsay evidence
(h)    Relevancy of confession in criminal trials.
(i)    Estoppel.
Q.10.         Discuss the essential elements of a Dying Declaration. When is a Dying Declaration relevant?

Q.11.        ‘Burden of proof loses it s importance when both parties adduce evidence.’ Comment.

Q.12.        Explain ‘examination-in-chief’, ‘cross-examination’ and ‘re-examination’.

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HARYANA CIVIL SERVICE JUDICIAL EXAMINATION, 1996 
Paper I
Civil Law
Time: 3 hrs.    Max. Marks: 200
Note: Attempt any eight questions.


Q. 1.     (a)    What is meant by ‘Res-Judicata’? What is the public policy behind this principle? Whether the provisions contained in the Code of Civil Procedure are exhaustive? Whether the principle of Res-judicata applies to execution proceedings? When a judgment operates as Res-judicata between co-defendants? Answer the different aspects under separate sub-heading.

Q. 2.    (a)     Who is a minor under the Indian Law? State the procedure to be adopted for as suit by or against a minor and persons of unsound mind. A compromise decree is passed in a suit involving the interest of minor. Can the minor challenge such decree? If so, on what grounds?

(b)     Discuss the validity of the following:--
(i)    Decree against a person of unsound mind, supposing him to be of sound mind.
(ii)    Decree passed against a minor in a suit in which he is not represented by a guardian ad-litem.
(iii)    A person who was a minor at the date of the institution of the  suit with a properly appointed guardian ad-litem attains majority during the pendency of the suit; but no steps are taken to remove the guardian ad-li-tem- and decree is passed against him as a minor.

Q. 3.    (a)     Mr. X claims a right of light and air through two windows of his house which open towards Mr. Y’s lands. Mr. Y does not recognise this claim and starts constructing the house in such a way that Mr. X will naturally get less light and air through the windows of his house. Mr. X wants to file a suit against Mr. Y for some permanent relief and also wants an immediate relief during the pendency of such suit. Advice what permanent and immediate reliefs may be claimed  by Mr. X and under what provisions of the statutory laws. What shall have to be pleaded and argued by Mr. X to ensure the claim of an immediate relief from the court?

(b)    Distinguish between Appeal, Revision, Review and Reference. Can there be a second Review or a second Revision?

Q.4.     (a)     What conditions are necessary for converting a proposal into a promise; a promise into an agreement and an agreement into a contract? Illustrate your answer.

(b)     A teaches his parrot to recite an offer and sends the parrot to B. The bird repeats the recitation before B, who says ‘yes’ to the offer. Is this a valid offer and acceptance, giving rise to an agreement? Give reason for your answer.
(c)    A wrote to B offering to purchase his car for a particular price and also added that in the event of B not replying him, A would consider the proposal to have been accepted. B does not reply. Is there a contract? Will B succeed?


Q.5.     (a)     On B’s request A lent gratuitously his scooter to B for his use for one week. After two days A urgently needs his scooter and required its return from B. B refuses to return the goods unless he is indemnified for his damages @ Rs. 100 per day, which he would suffer due to the premature delivery of the scooter. Decide the rights of A and B in such a situation.

(b)     “The liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract.” Explain this and discuss the liability of a surety for the payment of a loan where is subsequently turns out that principal debtor is a minor and therefore the loan to him is void.
(c)    Discuss the rights and liabilities of an undisclosed principal of an agent and the third party to the contract, in case of such undisclosed principal.
(d)    Distinguish between a sub-agent and a substituted agent and discuss their rights and liabilities.
Q.6         Answer the following referring to relevant provisions of law and reasoning:-
(a)     A agrees to sell to B 100 bags of flour which are in his store room. Before the date of delivery the store room of A got flooded with water? Consequently the 100 bags of flour get destroyed. Does B have any right against A?
(b)    A sells a scooter to B. When B goes out with the scooter he is arrested by the police on the charge of keeping stolen property; as the scooter belongs to C. Can B sue A and for what remedy, if any?
(c)    A was shopping in a super marked he picked up a bottle of soft drink from a shelf with intention to but it. While he was examining it, the bottle exploded in his hand and injured him. A sued both the management of the super market and the company which had bottled the drink, to recover damages for breach of condition arising from the sale of food. Will he succeed?
(d)    A delivers a jewellery to B on approval specifying that in case of non-acceptance it should he returned within 15 days. B begins to use the jewellery without communicating his acceptance. After 10 days the jewellery is stolen from B’s house. Can A recover the price of the jewellery from B?

Q.7.      (a)    What are the essential determinants of partnership? Distinguish partnership from a company.

(b)     “Partnership by holding out is the extension of the doctrine of estoppel”. Explain how can such a partner save himself from any future liability of such firm?
(c)    What are the limitations on the implied authority of a partner in a firm? When such authority is automatically extended and upto what extent?

Q.8.     (a)     Detail the circumstances under which specific performance of a contract cannot be enforced.

(b)     Consider if any remedy under the Specific Relief Act is available to B:
(i)    A denies that B is his son.
(ii)    A agrees to lend B Rs. 20,000 on Interest but later refuses.
(iii)    A, a film actress agreed that she would render her exclusive services to B for a certain period and would not during that period render any services to another person. However, in breach of the agreement she entered into an agreement to act for another film company.
(iv)    A improperly uses the trade mark of B.
(v)    Mr. A and Miss B enter into an agreement that they shall marry each other and none else during their life. A in breach of the agreement is going to marry another woman.
(vi)    A illegally dispossesses B of a plot of land.
Q.9.     (a)    What are the main points of difference between an action for possession under section 6 of the Specific Relief Act and an action for recovery of possession based on title.

(b)     What are the essential conditions for obtaining a declaratory decree under section 34 of the Specific Relief Act?

(c)    A is dispossessed of a certain land by B. A brings a suit against B for a mere declaration of his title to the land. Can the court grant the declaration prayed for?
(d)    Discuss briefly the principles underlying rescission of contracts by the court. When the court may refuse to rescind a contract?
Q.10.     (a)     What facts are considered relevant under the Indian Evidence Act? Illustrate your answer.

(b)     What is distinction between relevancy and admissibility of facts? Illustrate.

Q.11.    (a)    “Oral evidence can not be substituted for the written evidence of any contract, which the parties have put into writing. “Discuss and illustrate.

(b)    What is meant by “Patent ambiguity” and “Latent ambiguity”? How far oral evidence is admissible to explain or amend each of such ambiguities in documents. Illustrate.

Q.12.        Write explanatory notes on the following:--
(a)     Burden of Proof.

(b)     Estoppel
(c)    Privileged communication
(d)    Judicial notice
(e)    Hearsay evidence.
]

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Paper II
Civil Law
Time: 3 hrs.    Max. Marks: 200
Note: Answer any Five questions. Three must be from Part A, one from Part B and one from Part C. All questions carry equal marks.

Q. 1.     (a)    A Hindu embraces Islam and remarries. His Hindu wife also remarries. Is her remarriage valid? Also compare the position of a Muslim wife in similar circumstances.

(b)    A died leaving behind his widow A W and two daughters AD1 and AD2 with an amount of Rs. 60,000/-. Now his widow adopts a son X. How much does X get? Give reasons.

Q. 2.        Write short notes on four of the following:--
(a)    Antecedent debt
(b)    Testamentary Guardian
(c)    Mitakshara Coparcenary
(d)    Pious obligation
(e)    Hindu
Q. 3.    (a)    A and his brothers B and C are members of a joint family under the Mitakshara School. A sues B and C for partition. After the suit but before the decree A dies, leaving a widow. Can the suit be continued, if so by whom? If not, whether B and C will get A’s sharer by survivorship? Discuss with reasons.
(b)    A Hindu female died in 1995 leaving her husband H, two daughters D and E, two sons of a pre-deceased son R and M her brother by her mother N, her step mother Y, and a widow of her brother Z. The deceased had inherited property from her father. Divide A’s property among her heirs.
Q.4.         Examine the validity of the following:--
(a)    A Muslim male marries the daughter of his own step mother from previous husband.
(b)    A Sunni Muslim boy of 16 years marries a Christian woman of 81 years.
(c)    A marries the daughter of his own wife from previous husband.
(d)    A Sunni girl marries a Christian male.
(e)    A Shia male marries a Christian girl.
Q.5.         Write shot notes on the following:--
(a)     Hiba-bil-iwaj
(b)     Sajjadansahin
(c)    Hizanat
(d)    Mehar-i-Misal
Part B
Q.6     (a)     Where a person entitled to institute a suit is a minor or insane or idiot; when will the prescribed period of limitation being to commence? Give illustrations.

Q.7.      (a)    What is the effect of payment made before the expiry of the limitation.

(b)     A owes a sum of Rs. 200/- to B on a pronote. Before the expiry of the period of limitation A pays a sum of Rs. 200/- to B towards that pronote. What is the effect of this payment on limitation?

Q.8.        Under what circumstances can delay be condoned in the filling of appeal and applications?
Part – C
Q.9.     (a)    What is the effect if a document required under law to be registered is not got registered under the previsions of Indian Registration Act, 1908? Is such document enforceable in law?

(b)     Can a document which requires registration be received in evidence of any transaction effecting such property or conferring such power. If it has not been registered?

Q.10.         Whether the following types of lease of immovable property require registration? Give reasons.
(a)    A lease for year to year.
(b)     A lease for six months.
(c)    A lease for any term exceeding one year.
(d)    A lease which is for one year contains an option to the tenant to renew for further period of one year.



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Paper III
Criminal Law
Time: 3 hrs.    Max. Marks: 200
Note: Answer any eight questions.

Q. 1.         What is meant by Mens Rea? Explain the dictum “ACTUS NON FACIT REUM NISI MENS SIT REA”. How far a motive necessary for determining a crime? Are there any exceptions to the dictim of mens Rea? Illustrate your answer.

Q. 2.    (a)    Define and distinguish between Theft, Extortion, Robbery and Dacoity. Illustrate your answer.

(b)     Discuss the essential of wrongful confinement and distinguish it with wrongful restraint.
(c)    A causes cattle to enter upon field belonging to B intending to cause and knowing  that he is likely to cause damage to the crop of B. what offence has been committed A?

Q. 3.    (a)     What is culpable homicide? When doe sit amount to murder and when it does not amount to murder?
(b)    A was driving a bus on a kacha road at high speed. There were iron sheets placed on the top of the bus. On way some of he iron sheets fell down on the head of B and also injured some other persons walking on the road. B was carried to the hospital by A. B died after a month. Has A committed any offence? If so what?
(c)     A with the intention of causing the death of an illegal child of tender age, exposes it in a desert palce. There after a passer-by saves the child from dying. What offences has been committed by A?

Q.4.     (a)    Distinguish between the criminal liability arising out of the following acts.
(i)    An act done in furtherance of the common object of all;
(ii)    An act which is criminal by reason of its being done with a criminal knowledge, is done by several persons who join the act with such knowledge.
(iii)    An act done by any member of an unlawful assembly in prosecution of its common object.
(b)    A asked to help him in committing murder of C. B agrees but nothing is subsequently done in pursuance of such an agreement. Can A and B be charged with the offence of conspiracy?
(c)     A, a girl below 18 years of age was in the keeping of her mother. Her father B lived separately. B by deceitful means took A and kept her with him. Is B guilty of kidnapping?
Q.5.     (a)     What is meant by anticipatory bail? Under what provision of law it may be claimed? By which courts it maybe granted? Can you cite some Supreme Court judgment on the matter?
(b)    In similar cases one court grants the bail while another court refuses the bail. Why it is so? What are the principles governing the grant of bail in baiable and non-bailable offence? Support your answer by some decision.
(c)    Point out the limitation in the entertainment of a second bail application.

Q.6    (a)    In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends however, that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed had not been issued by the office of the court despite deposit of process fee by the complainant and therefore the case be adjourned to some other date. Decide.
(b)    An accused was acquitted due to lack of evidence. He was again prosecuted for the same offence, additional evidence was supplied and he was convicted by the magistrate. Examine the legality of the order.
(c)    The chief judicial magistrate of Amritsar granted anticipatory bail to an M.L.A. as he was apprehending arrest in a murder case and issued necessary directions. Examine the validity of the doctor.
Q.7.      (a)    Whether appeal is a right under the natural law or a creation of state?

(b)     Discuss those cases where no appeal is provided under the Criminal Procedure Code?

(c)    A pleads guilty and is convicted by the High Court. Will an appeal lie?

(d)    Whether an appeal lies against acquittal? If so, in what court?

Q.8.      (a)    Suppose you are a Public Prosecutor in a sessions court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail.
(b)    Can a court of Additional sessions judge take direct cognizance of an offence? If so, under what provisions of law?
(c)    A case was committed to sessions judge for trial of murder. Police had recovered a lathi from the accused. Witness M had stated before the investigating officer that he saw accused running towards the deceased. The sessions judge discharged the accused. Discuss the validity of the judgment.

Q.9.      (a)    In a criminal trial the burden of proof is always on the prosecution. Has this rule any exception?
(b)    Hearsay evidence is not admissible. Are there any exception to this rule? If so, what?
(c)    How the credit of a witness can be impeached?

Q.10.         According to section 114(b) of the Indian Evidence Act, the court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars.
According to section 133 of the same Act, an accomplice shall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
Reconcile the above statements of law and quote cases.
Q.11.        Whether an admission can be used by the maker of the admission in his own favour? If so, in what circumstances? Explain and illustrate.
(b)    A lodged First Information Report alleging that in the morning, he has hanged his aunt to death with an axe and the dead body was lying at his house. The dead body and blood stained axe were recovered therefrom by the police. A is prosecuted for murder. There is no eye witness or any other evidence against him. Prosecution seeks A’s conviction for murder on the basis of his version contained in the First Information Report. Examining the validity of this contention and the admissibility of the First Information Report as substantive piece of evidence. Decide.
Q.12.    (a)    A was severely beaten. His dying declaration was recorded by a Magistrate, in which he implicated X and Y. A survived due to medical treatment. Z and Y are prosecuted for attempt to commit murder of A. During the trial the aforesaid dying declaration was sought to be given in evidence by the prosecution in support of its case. The defence opposes on the ground that the declarant was not dead and the alleged dying declaration did not point towards any cause for assault of the declarant therefore it was irrelevant. Decide.
(b)    A is prosecuted for murder of B. C says that B immediately before death declared that A had inflicted the wounds, of which he died.
One behalf of defence, evidence is offered to show that on a previous occasion C said that the wound was not given by A or in his presence. Discuss whether the proposed evidence is admissible.

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Judgments

  • Manjula Sinha v. State of U.P., (SC)
        Manjula Sinha v. State of U.P., (SC) 2007(3) R.C.R.(Criminal) 778 : 2007(4) Recent Apex Judgments (R.A.J.) 137 : 2007(9) JT 326 : 2007(2) HLR 465 : 2007(4) AICLR 132 : 2007(12) SCC 503 : 2007(9)...
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