Legal Bites brings to you Law of Evidence Mains Questions Series Part-V. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
Law of Evidence Mains Questions Series Part-V
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
Law of Evidence Mains Questions Series Part-V of X
A and B, master and servant, respectively, are being jointly tried for the murder of X and also thereafter for having made away with the dead body to hide the crime (Sections 302 and 201 I.P.C.)
A confession is made by B, the servant to the effect that, without any previous knowledge of the crime, B was taken to the house of X by A and suddenly asked to throw light from a torch as a serpent had come out; at that time X came out of the house at the call of A, and A killed him without any complicity of B. The two together then disposed of the body. Is this confession relevant against A? Give reasons for or against. [D.J.S. 1989]
A and B are jointly tried for the murder of C. It is proved that A said “B and I murdered C”. Can the court consider the effect of this confession as against B? [U.P.C.J. 1988 and 1992, HR.J.S. 1995(1) and 1998, U.P.A.P.O. 1988 WB.J.S. 1999]
A is being tried for the murder of X. There is evidence to show that X was murdered by A and B and that B said—A and I murdered X. Is the aforesaid confession by B admissible against A (Can this statement be taken into consideration by the court against A)? [U.P.C.J, 1992, 2013, 2016, UPAPO, 1988, U.P.H.J.S. 1998, Bihar J.S. 1979]
What is a dying declaration? How is it proved? What is the principle on which dying declaration is admitted in evidence? [U.P.C.J. 1985, 2000, 2015, M.P.C.J. 1998, 2011, 2012, Bihar J. 1977, 1984, 1991, U.P.H.J.S. 1976, 1995, 1996, M.P.H.J.S. 2012, 2013]
How the entries in books of account are proved? Point out the difference, if any, with regard to the admissibility of documentary evidence and mode and method of proof thereof. When and at what stage the aforesaid objections can be raised? A document is marked as “an Exhibit”. Whether the question of its admissibility can be raised in an appeal for the first time? Refer to the relevant case laws on the point. [U.P.H.J.S. 2009]
A and B two brothers were attacked by the appellants, causing them serious injuries to which both the brothers succumbed. Soon after the incident, C, wife of B went to the spot. She found A lying unconscious but her husband though injured was conscious and told her that the appellants had attacked them with lathis and other weapons. D, father of A and B also rushed to the spot B and made a similar dying declaration before D.
Trial Court convicted the appellants believing the statements of C & D. In the appeal, it was contended on behalf of appellants that both C & D are close relations of the deceased B so the dying declaration made to them should not be made the basis of conviction because there was no independent corroboration. How would you decide the appeal? [D.J.S. 1996]
A daughter-in-law of the accused, suffered 70% burns while working. She was taken to the hospital by her husband. At the time of admission, she told the doctor that her clothes caught a tire while cooking on the stove. After some time, she made a statement to another doctor wherein she implicated only her mother-in-law as having sprinkled kerosene on her and having set her on fire. A third statement was made by her the same night before S.P. to the effect that she was set on fire from behind by somebody, maybe her parents-in-law.
In the fourth statement made before 3 doctors the next day, she implicated both her parents-in-law as having poured kerosene on her and having set her on fire. She died in the hospital the next day. In all these dying declarations she had stated that she was rescued by her husband who brought her to the hospital. Her husband who was examined as a defense witness supported the defense version that his parents were away to the temple when the incident of burning took place.
What rule of precaution should be followed when there are more than one dying declarations? Decide the case preferably with reference to case law. [D.J.S. 1996]
A was severely beaten. His dying declaration was recorded by a Magistrate, in which he implicated X and Y. A survived due to medical treatment. X and Y are prosecuted for an attempt to commit the murder of A. During the trial, the aforesaid dying declaration was sought to be given in evidence by the prosecution in support of its case. The defense opposes on the ground that the declarant was not dead and the alleged dying declaration did not point towards any cause for assault of the declarant therefore it was irrelevant. Decide. [HR.J.S. 1996]
The dying declaration of A was recorded by a doctor in a hospital but A survived. Whether the said dying declaration will constitute substantive evidence? [U.P.H.J.S. 1980, 1995, and 1996]
B was prosecuted for the murder of A. The widow of A deposed against A that two days before the murder, A had shown her a letter written by B’s wife that A should go to Berhampur to collect his money. She further deposed that A had also told her that the next day, he would proceed to Berhampur. Is the evidence of A’s widow admissible? Answer with reasons. [U.P. A.P.O. 1994]
A was beaten by B. A files a complaint petition before C.J.M. After filing of complaint petition, he was going to the hospital for treatment. While going to the hospital, he (A) met with an accident and died.
Can the complaint petition be treated as a dying declaration?
A fires at B with an intention to kill him. B sustains serious injuries. He lodges a First Information Report against A. Subsequently, B dies due to injuries. Can this F.I.R. be treated as a dying declaration? Give reasons and also refer to case law, if any, on the point.
A was beaten by B. A made a statement regarding such beating to his wife C. At the time of making such a statement, A was not expecting his death but subsequently, he dies of injuries received by beating. Is the statement made by A to C admitted as a dying declaration? Give reasons for your answer.
A, a woman whose throat had been cut by some edged weapon, indicated by gestures before her death that B was the person who had cut her throat. Is this statement by A made by gestures admissible as evidence against B? [U.P.H.J.S. 2009, 2014, Bihar J.S. Exam., 1991, 1986]
‘L’ a woman is raped by ‘B’. As a result of shock, she (L) committed suicide three days after the occurrence, by drowning herself.
Is the statement made by L regarding her rape to her mother-in-law immediately after the rape, admissible as a dying declaration under Section 32(1) of the Evidence Act?
A comes to the police station and lodges First Information Report that B has beaten him and has threatened to kill him. After two days A is murdered. B is arrested and prosecuted for the offense of murdering A. Decide whether First Information Report may be admitted as a dying declaration? [U.P.C.J. 1991]
Does a statement made to SDM by a bride relating to the cause of her death, becomes a ‘dying declaration’ under Section 32 of Indian Evidence Act though the bride firmly believed that she would recover, but dies after three days of making it?
A is alleged to have committed the murder of B by giving as many as, 25 knife blows on the vital parts of the body. A is prosecuted for the murder of B under Section 302 I.P.C. During the trial, the prosecution produces the ‘Dying declaration’ of Bin which he (B) had clearly stated that the various injuries caused in his body were the result of knife blows of A. In prosecution also proved that a number of persons were present when the deceased B made the dying declaration.
On the other hand, the accused’s defense A produces the ‘medical report’ of the doctor as evidence in his favor. The ‘medical report’ shows that a person cannot remain alive and also in a conscious state for more than 10 minutes after receiving such injuries, especially while most of the injuries were on the vital parts of the body, whereas the dying declaration was made after one hour. Thus, the dying declaration is either false or not made in a conscious state of mind, hence not reliable.
So conviction cannot be based on dying declaration. However, the trial court convicted A, by making the ‘Dying declaration’ basis for conviction. Is the order of conviction passed by the trial court valid? Give reasons and also refer to case law, if any, on the point.
Three accused persons namely A, B, and C are prosecuted for the murder of X on the basis of some circumstantial evidence that was not sufficient to convict the accused persons. Apart from such circumstantial evidence, there was a dying declaration against A only, as X died before completing the dying declaration against B and C because his condition deteriorated suddenly.
The trial court convicted the accused A but acquitted the accused B and C as there was no dying declaration against them and the circumstantial evidence was not sufficient to convict both of them (B and C). A challenges his conviction in the High Court on the ground that when B and C are acquitted, he alone cannot be convicted for the murder of X. Is the argument of A acceptable? Give reasons and also refer to the case law, if any, on the point.
Discuss the relevancy of evidence for proving in subsequent proceedings the truth of facts stated therein.
- When are the entries in books of account including those maintained in an electronic form are relevant?
- Discuss the relevancy of entry in the public record or an electronic record made in the performance of duty. [M.P.C.J. 2007, 2015, U.K.J. 2015, U.P.H.J.S. 2014]
Write notes on the following:
- Relevancy of statements in maps, charts, and plans.
- The relevance of statement as to the fact of public nature contained in certain Acts or notifications.
- Relevancy of statements as to any law contained in law books.