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Consider the following provision in Section 300 of the Indian Penal Code:
Several culpable states of mind are referred to with the:
1. intention to cause death
2. knowledge that the act is so imminently dangerous that it must in all probability cause death
3. intention to cause such bodily injury as the offender know to be likely to cause death of the person to whom harm is caused
4. intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death.
The correct order of the sequence in which they are placed in the provision is:
A' intended to cause death of 'B' caused death of 'C' whose death he neither intended nor knew himself to be likely to be caused and it happened in the description of his intention to cause death of 'B'. 'A'
A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegallyomits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, B succeeds him. B, without collation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies. Which of the following judgment applies to both A and B under Section 37 of the Indian Penal Code?
X, a jailor, has the charge of Z, a prisoner. X, intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. X is dismissed from his office, and Y succeeds him. Y, without collusion or co-operation with X, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. What will be position under Indian Penal Code, 1860?
Principle: Whoever causes death by doing an act with the intention of causing death, commits the offence of culpable homicide. However, a person is guilty of culpable homicide amounting to murder if the act by which the death is caused is done with the intention of causing death.
Factual Situation: Saurab, had a serious argument with his wife. The woman uttered some filthy words at Saurab, which further irritated him. He moved towards the woman with a wooden piece to beat her. Suddenly, their daughter who was sleeping in the room woke up and ran towards her mother. Saurab's blow fell on the child's head and she fell down unconscious. The couple believed that their daughter died due to the blow.
Saurab immediately took out a rope and hung her by the neck on to the ceiling fan to give the impression that the girl committed suicide as she failed in the Class X examination. When the rope got tightened the child cried, but died immediately due to asphyxiation.
The passage consists of six sentences. The first and sixth sentences (S1 and S6) are given. The middle four sentences (P, Q, R, S) are given in jumbled order. Find out the proper order for the four sentences. S1: Most people who have come close to death say they remember nothing. P. It may permanently change a person’s perceptions of what is real and important Q. The near-death experience is among the most powerful experiences that a person can have. R. That ‘something’ might be a near-death experience. S. However, a third or more may later report that ‘something happened.’ S6: However, one extraordinary aspect of near-death experience is that a person’s culture, religion, race or education does not affect the pattern of the experience.
PRINCIPLE: 1. A person is liable for death penalty when he does an act which is likely to cause death, and that person knows that his act in all probability will only result in death.
2. Death penalty is given only in rarest of rare cases.
FACT: Sunita, a married woman was flogged out of her husband's house by her father-in-law. When she was living with her parents, she got involved with a widower who also had an affair with Anita. In a fit of jealousy, Sunita killed her rival, Anita, as well as her little baby. Sunita also disfigured the faces of Anita and her baby and buried the bodies. Later, Sunita was tried for murder.
A' and 'B' have been accused of an offence where the accused persons had no intention of causing the death of any one and no injury was found on the deceased which was sufficient to cause death in the ordinary course of nature. As per medical opinion, the injuries were not likely to cause death. It could not be established as to which of the two accused inflicted injuries on the head of the deceased. The accused should be liable to be convicted under:
Z' causes death of 'A' with a very blunt object. According to postmortem report, multiple injuries were on the non vital parts of the body and none of these injuries were sufficient in the ordinary course of nature to cause death. However, cumulatively, they were sufficient to cause death. What offence has 'Z' committed?
In the following passage some of the words have been left out. Read the passage carefully and select the correct answer for the given blank out of the four alternatives.
Instead of finding the root cause of_________ of Indians, the British government took to more ____________ measures. Under the Defense of India Act, it gave more power to the police to arrest persons to stop processions with ____________ movements and actions. The Act brought in the Central Legislative Assembly was defeated by one vote. Even then it was to be passed in the form of an ordinance in the "interest of the public." Bhagat Singh who was in hiding all this while, volunteered to throw a bomb in the Central Legislative Assembly where the meeting to pass the ordinance was being held. It was a carefully laid out _________, not to cause death or injury but to _____________ the attention of the government, that the modes of its suppression could no more be tolerated. It was decided that Bhagat Singh and Batukeshwar Dutt would court arrest after throwing the bomb.
not to cause death or injury but to _____________ the attention of the government