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प्रश्न
Principle: Killing is not murder if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.
Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was the quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y‘s residence at 9 pm and stabbed him to death.
पर्याय
X has committed murder
X has not committed an offence of murder since it was committed in a sudden fight in a heat of passion
X has not committed the murder of Y because he had no enimity with Y
X has committed no offence
उत्तर
X has committed murder
Explanation:
X has committed murder. According to the principle, killing is not murder if it occurs in a heat of passion and is not pre-meditated. In this case, the killing is not under the heat of passion. There is a time difference of 2 hours between the quarrel and the killing. Moreover, it is pre-meditated because X procures a knife from somewhere and goes to the house of the victim with the clear intent of killing him.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Facts Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. Select the statement that could be said to be most direct inference from specified facts:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Facts
Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. In case the paladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
In case the paladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
Common Intention means
Insanity is -
A instigates B to give false evidence here if B does not give false evidence what offence A has committed?
Making preparation to commit dacoity is punishable in the Indian Penal Code 1860 under –
Illegal signifies
In 2017, the Special Leave Petition for re-investigation in the Mahatma Gandhi murder case was filed by ___________.
An accused is entitled to statutory bail (default bail) if the police failed to file the charge-sheet ___________ within of his arrest for the offence punishable with 'imprisonment up to 10 years'.
Principle: Contributory negligence in an accident is a defense to a charge in criminal law.
Facts: X, the deceased was negligently crossing the busy road at Cannaught Place in Delhi while Y's car hit him resulting in the death of X. What is the liability of Y?
