| Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. |
| 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 7:00 pm. Y abused 'X' and there was quarrel between them. 'X' told T 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 9:00 pm and stabbed him to death. |
A) 'X' has committed murder
B) 'X' has not committed an offence of murder since it was committed in sudden fight in a heat of passion
C) 'X' has not committed murder of 'Y' because he had no enimity with T
D) 'X' has committed no offence
Correct Answer: A
Solution :
Sol. [a] 'X' has committed murder because here the act of 'X' was not without pre-meditation or in the immediate heat of a sudden quarrel. There was a time gap. The quarrel took place at 7:00 pm and 'V was murdered by 'X' at 9:00 pm.
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