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प्रश्न
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
पर्याय
SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no r1skof causing death and with no greater care to avoid it.
SINY will be liable for attempting to murder
SINY will be liable for culpable homicide not amounting to murder as his intention was definitely not to kill
None of the above
उत्तर
SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no r1skof causing death and with no greater care to avoid it.
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संबंधित प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
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Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'JAM' denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.
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