LL.B.

I Semester Annual Examination June, 2021

Subject: Law of Crimes-I (Indian Penal Code)
Paper Code: LB-104

Time: 3 Hours Maximum Marks: 100

Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total 6 questions
 Attempt any 4 questions out of 6 questions
 Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper

1. Radhey had knowledge that generally the deceased ‘J’ a jeweller used to return home
from his shop around 8.00 p.m. with the daily sale proceeds. Radhey armed with a
knife, waited near the house of the deceased with an intention to rob him. When the
deceased reached near his house in his car, the accused Radhey dragged ‘J’ out of his
car and began stabbing ‘J’ with his knife, in order to snatch the bag containing the
cash till the time the deceased collapsed. Radhey then snatched away the cash bag
from the hands of the deceased and fled from the spot. A post-mortem report
indicated several stab wounds as well as a head injury that led to internal bleeding and
were together found sufficient to cause death in the normal course of nature. Radhey
is tried for the offence of murder. Decide whether the facts of the case are such as to
attract conviction under Section 302, specifying the relevant clause of Section 300,
IPC under which the accused shall be liable? Decide in the light of judicial
precedents.

2. Suhail, a young man residing in Delhi became friendly with Mariyam, the 17 years
old daughter of Mr. Feroz, who was his immediate neighbour. Mr. Feroz realising the
intimacy between Suhail and his daughter, sent his daughter to his brother’s house in
Jammu. But Suhail tracked Mariyam and persuaded her to accompany him to Kanpur,
his native place with a promise to marry her. However, Suhail was arrested at the
Jammu Railway Station along with Mariyam on a complaint by her father that she has
been kidnapped. Decide the criminal liability of Suhail. Also, after separation from
Suhail, Mariyam with an intention to kill herself took overdose of sleeping pills but
was taken to hospital and survived. Has she committed any offence? Decide with the
help of legal provisions and judicial precedents.

3. Is mens rea necessary for all crimes? State the instances in which mens rea can be
excluded in fixing liability. Also decide the liability of each member of the group
involved in a case wherein A, B, C, D and E, armed with lathis and guns enter into F’s

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 house to forcibly gain possession of his house. F was dragged out of his house and
was severely beaten up by A, B, D and E. In the course of beating, B took out a pistol
and shot ‘F’ dead. While others were engaged in beating F, C stole some jewellery
and cash from F’s home.

4. Mohan was sleeping on the roof of his home during the night when he was awakened
by vibrations and noise coming from the back of his house. He was shocked to see
some armed men trying to make a hole in the wall of his house by using house-
breaking equipment. Mohan, who used to keep a gun in the almirah in his bedroom,
immediately came down the stairs and took out the gun from the almirah and fired
two shots at the gang killing one person on the spot, while others fled from the scene.
On the trial for murder, Mohan pleads right of private defence. Will Mohan succeed?
Decide and support your answer with relevant provisions and case laws.

5. Discuss the liability of Vineet in following Cases:

Vineet, a guard posted in Delhi Cantt., was resting in his barrack when his superior
officer, ‘Mr. Surat’ came and asked Vineet to follow him. Thinking that he was being
called for some kind of official duty, Vineet followed him to the store, wherein Mr.
Surat started making sarcastic remarks on his efficiency and also abused him in a
filthy language in front of others. Mr. Surat also commented satirically on Vineet’s
masculinity on his remaining childless even after many years of his marriage. Vineet
somehow managed to return to his barrack, shaken and crying inconsolably and
picked up his gun kept on the table and went back to the store. He opened fire on Mr.
Surat from his service gun killing him on the spot. On being charged with murder he
pleads grave and sudden provocation in his defense. Will he succeed? Also on another
occasion, Vineet removed a file from his office and took it to his home where his
friend Daman tampered with the documents in the file. The file was deposited back in
the office by Vineet the next day. Vineet is being prosecuted for the offence of theft.
Decide the liability of Vineet, if any, and support your answer with relevant case law.

6. Kamal invited his college friends Reema, Ashok and Amit to his house for his
birthday celebrations. They all had dinner, and also consumed two bottles of Vodka.
After they all were drunk Kamal took Reema to his bedroom and had intercourse with
her twice and thereafter, Ashok also took his turn. Reema’s protest against the act
failed. However, when Amit took his turn to have sexual intercourse with Reema, due
to the fact that Amit was highly drunk, he attempted to penetrate Reema’s vagina with
his penis, but did not succeed and passed out. Later in the night Reema left the house
and managed to reach the hospital wherein she narrated the entire incident to the lady
doctor. Medical evidence showed multiple lacerations and tears on her private parts,
which required stitches. Reema lodged FIR of rape against the accused persons. Will
the accused persons be held liable for Rape?

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