Delhi Judiciary Service Examination

 DJS Mains 2005

Criminal Law

Time: 3 hours Total Marks: 200

This question paper comprises of two parts i.e. Part-A and Part-B. Candidates should answer Part-A and Part-B questions in separate answer sheets. If any question of Part-A is attempted in Part-B answer sheet or vice versa, it would not be evaluated.

Q. 1. A is charged for the murder of his wife. During the trial the following facts are established:
(a) deceased suffered burn injuries on her body;
(b) the last seen evidence points out that A was the only person present in the house at the relevant time;
(c) before dying the deceased made a dying declaration that her sari caught fire due to an explosion in the stove when she was cooking food;
(d) as per the post-mortem report she had suffered 90% burns and traces of kerosene were found on her head;
(e) No pieces of the stove were found at the scene of occurrence.
Decide the case and write a reasoned judgement.

Q. 2. (a) A, B, C and D plan to rob a bank. They visit the bank on the decided date and collect cash from the cashier at gun point. In the process of trying to escape with the loot they are resisted by the guard and B caused him grievous injury with his revolver. On coming out of the bank C notices his enemy E standing at the bus stop and shoots at him causing his death. What offences, if any, are made out against the respective accused? Give reasons in support of your answer.
(b) Write a note on ‘Right of Private Defence of Body and Property’. Explain under what circumstances the said right extends to causing death.

Q. 3. (a) The police arrest a pickpocket X on 15th March, 2005. He is produced before you on 16th March 2005 with a request for Police Custody Remand on the ground that he has made a disclosure statement about an earlier theft committed by him and has stated that he could get the stolen property recovered from the place where he has hidden it. On the other has visible fresh injury marks on his person. What would you do?
(b) Who is an abettor? Explain the extent of liability of an abettor.

Q. 4. (a) An accused in a case of dacoity is produced before you by the investigating officer, in a muffled face with a request for holding test identification parade to fix his identity as a culprit. How will you deal with the application.
(b) Write a note on the procedure to be followed for recording the confession of an accused under section 164 of Cr. PC.

Q. 5. Write short notes on any four of the following:-
a. Accomplice evidence
b. Expert evidence
c. Hostile witness,
d. Admissibility and appraisal of electronic evidence,
e. Admissibility of statements made to a police officer.

Q. 6. (a) A, B, C and D entered the room of the deceased armed with lathis. A exhorts the others to attack X. E, the servant of X, tries to save his master and sustains injuries in the process. E, in his evidence did not attribute any positive act on the part of D in the incident. A, B, C and D are charged for offence under section 302 read with section 34 of the I.P.C.

(b) Explain the distinction between section 34, I.P.C. and section 149, I.P.C.