1. Factual Situation: H suspected his wife of infidelity. Therefore H started keeping a watch on her movements. One day H found that his wife did not come back to the house during the night. At about 11.00 a.m. next day when the wife came back to the house H asked her whereabouts. The wife got furious and said, ‘How long are you going to watch my movements? Only two days back I was sleeping with Z. Do what you like’. At this, H got enraged and picked up a lathi lying nearby and gave a number of blows on the head and chest. Within fifteen minutes the wife died. He is prosecuted for murder under Sec. 302 of IPC. Issue: Whether the accused is guilty of murder. Decision:

2. Factual Situation: Accused A received from her paramour to administer to her husband a charm. A administered it with the result that the death ensued of her husband. A did not know that the substance given to her was poisonous until she saw its effects. Discuss A’s liability under Sector 304 A of IPC. Issue: What offence, if any, has been committed? Decision:

3. Factual Situation: X, a parcel clerk at a railway station, was asked to destroy a wagon load of apples which had gone rotten and declared unfit for human consumption. He took those apples to the mandi and auctioned them for 1000 and pocketed the amount. Issue: What offence, if any, has been committed? Decision:

4. Factual Situation: A sought the aid of B with the intention of committing a theft of the property of B’s master. B, with the knowledge and consent of his master, and for the purpose of procuring A’s punishment, aided A in carrying out his object. Issue: What offence, if any, has been committed? Decision:

5. Factual Situation: The accused husband took his wife to a forest and obtained her ornaments under threats to kill her. The ornaments were subsequently recovered from him. Issue: What offence, if any, has been committed? Decision:

6. Factual Situation: A refused to register the marriage of B and C to enter their marriage in the register unless he was paid 50. B paid the money. Issue: What offence, if any, has been committed? Decision:

7. Factual Situation: C was engaged to be married with D. Once C saw D flirting with G, another girl. C inquired, but D ignored. C became terribly upset. Suspecting illicit liaison between D and G, a week later, C went to D’s flat. Peeping through the door’s chink, she was shocked to see D and G in flagrante delicto. On D opening the door, C immediately took out a penknife which she habitually used to carry along, claimed where a woman was only engaged to be married or was only in love with the accused. Issue: Whether the accused is guilty of murder. Decision:

8. Factual Situation: A railway booking clerk had in addition to selling tickets, provided for sale of ‘travel packs’ containing soap, oil, comb, etc., for the benefit of passengers, purely as a personal business. The railway audit team while checking the accounts prepared by the clerk found the collections under three heads: (i) 3 45,765, the sale proceeds of 200 tickets; (ii) 557, the excess amount paid by the customers by mistake; and (iii) 1,500, the sale proceeds of 30 travel packs. The clerk had only deposited the amount under head (i) and has pocketed the rest. Issue: What offence, if any, has been committed? Decision:

9. Factual Situation: The accused armed himself with deadly weapons and secured himself 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. Decision:

10. Factual Situation: A’s car slightly scratched B’s car on a red light. B shouted and grabbed A by the neck and a fight ensued between them. In the heat of the moment, B strangulated A to death. B is being prosecuted for murder. Issue: Whether the accused is guilty of murder. Decision:

11. Factual Situation: A, a government employee in the post office, while assisting in the sorting of letters, he secreted two letters with the intention of handling them to the delivery peon and sharing with him certain money payable upon them. Issue: What offence, if any, has been committed? Decision:

12. Factual Situation: A, an army personnel, was posted in Kargil, a non-family station having difficult conditions, for the last one year. Now since normalization process had started, A wanted to go on ten days leave to attend his brother marriage. He pleaded fervently with his superior officer, B, to grant him ten days leave. But B was adamant and was not prepared to grant more than seven days leave. Frustrated by the refusal, A took out his service revolver and shot B at point blank range. A wants you to defend him. Give arguments in A’s defence. Issue: Whether the accused is guilty of murder. Decision:

13. Directions: Legal Principles (For Questions 1 to 38)
1. Legal Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
2. Legal Principle: Whoever, intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property of valuable security, or anything signed or sealed which may be converted into a valuable security, commits ‘extortion’.
3. Legal Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
4. Legal Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly use or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so, commits ‘criminal breach of trust’.
5. Legal Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation, or property, is said to ‘cheat’.
6. Legal Principle: A person is said to ‘cheat by personating’ if he cheats by pretending to be some other person, or by knowingly substituting one person for another, representing that he or any other person is a person other than he or such other person really is.
1. Factual Situation: A finds a ring belonging to Z on a table in the latter’s house and puts the same under the carpet there with the intention of taking it afterwards. The ring still lies in the house of Z undetected. Later, A, by a change of mind, decides not to take the ring. Has he still committed any crime? Issue: What offence, if any, has been committed? Decision:

14. Factual Situation: X had given his watch for repair to Y, who had promised to do the job within a week. After 15 days, when X visited Y’s shop, he found his watch still kept unrepaired. He took the watch from the shelf and came back without telling anything to Y. Issue: What offence, if any, has been committed? Decision:

15. Factual Situation: P, a police officer, arrested B and refused to accept bail until 500 was paid and released him only when the amount demanded was paid. Issue: What offence, if any, has been committed? Decision:

16. Factual Situation: X saw Y removing a stereo from a car parked in Kamla Nagar. X demand 200 from Y, giving him a threat that if he didn’t give the money, he would inform the police. Y gave the money. Issue: What offence, if any, has been committed? Decision:

17. Factual Situation: B had teased A’s sister. Coming to know of it, A took a sword and went to B’s residence. B, his mother and sister were present in the house when A reached there abusing them. He said that he would forcibly take away B’s sister. B’s mother took her daughter inside a room and bolted the door. She then went forward with folded hands and requested A to pardon them. A immediately gave a blow on her neck with the sword and she fell down and died. At this b started running toward the fields. A chased him abusing. When A was still about 20 feet from him, B jumped into a well to save himself. B’s head hit a hard substance in the well with the result that he lost consciousness and died of asphyxia due to drowning. Discuss the liability of A. Issue: Whether the accused is guilty of murder. Decision:

18. Factual Situation: The accused and the deceased were relatives. On the day of the occurrence, the deceased attended the marriage of his late brother’s daughter. The accused had a grievance that the deceased did not invite him to the marriage. After the marriage, armed with a gandhala, the accused and his brothers emerged suddenly. There was a sudden quarrel and the accused assaulted the deceased with the blunt side of the gandhala on the head in the heat of the moment. The doctor opined that the head injury was sufficient in the ordinary course of nature to cause death. Issue: Whether the accused is guilty of murder. Decision:

19. Factual Situation: X, a notorious smuggler, built a strong house for himself away from the city. The house was fortified by high compound wall around the house and live electric wire ran on the upper edges of the compound wall which used to be activated during the night. Well-lit warning boards with danger signs of high voltage were placed all around. Y, a thief, in order to commit theft attempted to scale the wall in the night, came in contact with the wire and was electrocuted. X is charged under Sec. 304 A for causing the death of Y. How will you decide? Issue: What offence, if any, has been committed? Decision:

20. Factual Situation: A lost his briefcase containing valuable. X, a friend of A informed him that his briefcase was seen lying in Y’s shop. Thereupon A reached Y’s shop and finding his brief case lying there pulled out his revolver and asked Y to hand over the brief case to him under the fear of injury. Y gave the briefcase to A. However, on reaching home he discovered that the briefcase did not belong to him but decided to retain it. Issue: What offence, if any, has been committed? Decision:

21. Factual Situation: A severed the strings of W’s necklace while she was trying to board a crowded bus. The necklace instead of falling down got lodged in W’s clothes. Whether A has committed the theft? Issue: What offence, if any, has been committed? Decision:

22. Factual Situation: A intending to commit theft enters B’s house at night and removes from one of the rooms a heavy box to the courtyard where he opens it. He does not find in the box anything worth taking and leaving it there goes away. Issue: What offence, if any, has been committed? Decision:

23. Factual Situation: A gave his tape recorder to B for repair who promises to carry out the repair within two days. The repair charges were settled at 300. B completed the repairs within time satisfactorily. A with no intention to pay took away the tape recorder from B’s shop in his absence. Issue: What offence, if any, has been committed? Decision:

24. Factual Situation: On hearing from his wife about her intimacy with another man (his best friend) and her plans of initiating divorce proceedings and marriage with him, the husband was completely shattered. He bolted himself inside a room and went without food or water for over 12 hours. However, he could take it no more when his friend was heard chatting with his wife the same evening. He dashed out of the room holding a khukari and chased him, and finally stabbing him several times in the chest region. On his prosecution for murder, can he take the plea of acting under grave and sudden provocation? Issue: Whether the accused is guilty of murder. Decision:

25. Factual Situation: X has an illicit intimacy with Y, a married woman. X suggests to Y that they should do away with her husband by murdering him, to which Y does not give her consent. After two months, X gives a white colored poison to Y saying that it is a ‘magic powder’. He asks Y to mix it with her husband’s drink so that he would not object to Y’s illicit relations with X. Y carries out the instructions given by X and her husband dies consequently. Issue: What offence, if any, has been committed? Decision: