1. Factual Situation: The deceased Sabir and the accused Akhtar were two brothers who lived in two parts of the same house while their parents and other brothers 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 quarreling with other members of the family who had come to visit Akhtar. In the meantime, Sabir came home and abused every one 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 neighbors. 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 Exception 1 to Sec. 300? Decision:

2. 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:

3. Factual Situation: A borrowed a bicycle from his friend, B, promising to return the same within a period of two or three days. He failed to fulfill the promise, disposed of the bicycle and appropriated the proceeds to his own use. Issue: What offence, if any, has been committed? Decision:

4. 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:

5. 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:

6. Factual Situation: 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 plead grave and sudden provocation mitigation? Issue: Whether the accused is guilty of murder. Decision:

7. 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:

8. Factual Situation: X, an elderly man, was employed as maid servant by Y, a young woman. Y was very negligent and never bothered about her valuables. X being honest and sincere advised Y to keep her valuables under lock and key. One day X finding Y’s golden necklace on the table in an open verandah removed the necklace stealthily and concealed the same in the cowshed to teach Y a lesson or to cause her a little anxiety. Issue: What offence, if any, has been committed? Decision:

9. 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:

10. Factual Situation: A, an owner of a circus company was perpetually troubled by the trespassers who would harass the lady performers by peeping into their dressing rooms. In order to keep the trespassers away, A decided to leave two circus lions into the dressing room region. B a trespassers who had sneaked into the dressing room area was badly mauled and killed by one of the circus lions. Discuss A’s liability under Section 304 A of IPC. Issue: What offence, if any, has been committed? Decision:

11. Factual Situation: X and Y were happily married, living in Bombay. M, an old classmate of Y, was transferred to Bombay. He started visiting X and Y at their flat and became quite friendly with X also. One afternoon X quite unexpectedly came back from his office and to his utter shock and disbelief found his wife and M in a compromising position. He, however, controlled himself and kept his cool and asked M never to see his face again lest he would kill him. After about a week, X left on a tour telling his wife that he would be back after four days. He, however, returned the very next day in the evening and found M and Y sitting together on the sofa in the drawing room with M’s hand around Y’s shoulder. X straightway went to his bedroom, took out his pistol from the almirah, came back to the drawing room and shot M dead. Issue: Whether the accused is guilty of murder. Decision:

12. Factual Situation: A with a dishonest intention to steal enters his hand in B’s pocket at a fair. But B’s pocket was empty and A could not steal anything. Issue: What offence, if any, has been committed? Decision:

13. Factual Situation: A, the school cashier, collects along with the fees an additional amount of 50 for the new building fund. Since there is no mention of such fund in the prospectus, the students pay 50 reluctantly and under confusion. However, after collection of the fund the cashier diverts part of it for the construction of his own house, which also has a temple, visited by the students during the examination days. Issue: What offence, if any, has been committed? Decision:

14. Factual Situation: A intending to cause a theft to be committed, instigates B to take property belonging to J out of J’s possession. A induces B to believe that the property belonging to A. B takes the property out of J’s possession in good faith believing it to be A’s property. Issue: What offence, if any, has been committed? Decision:

15. Factual Situation: The residents of the adjoining slums were persistently using the park for defecation. On the order of the D.D.A. chairman, the park was fenced and electric current was run on the wires on the top. A trespassing slum dweller touched a live wire and was electrocuted. Can the chairman be held guilty for an offence under Sec. 304 A? Issue: What offence, if any, has been committed? Decision:

16. Factual Situation: 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 Sec. 304 A of IPC. Can X be convicted? Discuss. Issue: What offence, if any, has been committed? Decision:

17. 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:

18. Factual Situation: 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 Sec. 304A? Issue: What offence, if any, has been committed? Decision:

19. 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:

20. Factual Situation: A is a warehouse keeper. Z, going on a journey, entrusts his rare furniture to A under contract that it shall be returned on payment of stipulated sum of money. A dishonestly sells the furniture. Issue: What offence, if any, has been committed? Decision:

21. 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:

22. Factual Situation: X finds a brief case at the railway station. After trying hard to find the owner, he brought the brief case to his house. When opened, he found 25,000 cash in it with no indication as to whom it belonged. He notified in ‘lost and found’ columns of all the leading English dailies of the city asking the owner of the ‘lost’ brief case to collect it from X. After waiting for about one month, M utilized the money in purchasing a scooter. Issue: What offence, if any, has been committed? Decision:

23. 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:

24. 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:

25. Factual Situation: A and his friend B were sleeping in one room and A’s wife in the adjoining room. Some time in the night B got up and went into the adjoining room and bolted the door behind him. A also got up and peeping through a chink in the door saw B and A’s wife having sexual intercourse. A returned to the room and lied down. After some time, B came out of that room and slept by the side of A. After a short time, when B began dozing. A stabbed him several times with a knife and killed him. There was no evidence that the accused had to go anywhere in search for the knife, which apparently, was with him. The accused pleads ‘grave and sudden provocation’ in his defence. The prosecution pleads, on the other side, the lapse of interval between act and consequences. Issue: Whether the accused is guilty of murder. Decision: