Point out incorrect response. In Barendera Kumar Ghose Vs. Emperor, 52 I.A. 40, the appellant was charged under section 302 read with section 34 of the I.P.C. with the murder of a sub-postmaster. Sub-postmaster was counting money in the backroom. Several persons appeared at the door of the office and demanded the post master to give up the money and immediately afterwards fired pistols at him. Postmaster died immediately and the assailants fled in different directions without taking money. On of them was chased and caught with a pistol in his hand. It was not clear as to who fired the fatal shot. While holding the appellant liable for murder the Privy Council laid down the following principles:

Related MCQs

• Mr. V, an appellant is an owner of a house in City A. The wife of the first respondent Y, was tenant of a part of the first floor in that house. On January 17, 1966, one R a servant of the appellant, called the wife of the first respondent a thief and Halkat. On the following day, the first respondent slapped R on his face which was followed by heated exchange of abusive words and between the first respondent and the appellant’s husband. The first respondent was annoyed and threw at the appellant’s husband a file of papers. The file did not hit the appellant’s husband, but it hit the elbow of the appellant causing a scratch. The appellant lodged information to the police complaining that the first respondent had committed a house trespass in order to the committing of an offence punishable with imprisonment, had thrown a shoe at her and had slapped her servant R. During the course of the investigation the appellant and R refused to be examined at a public hospital, claiming that a p
• There persons A, B and C went to a Post office, B & C entered the Post office and asked Post Master to hand over Money. C fired pistol at him, he was shot dead.
• Several persons assemble at the door of the house of one K and the appellant struck a blow with a kencha which fell on the left thigh of a workman working in the house of one K whom the appellant and others wanted to attack, and as the appellant struck at the very first person who opened the door and that was how that came to receive the injury.
• Give correct response. A was charged with the murder of a boy aged 15 or 16 years who had accompanied him to a wedding party. A was drunk at the time he fired the fatal shot, when he asked the boy to step aside to enable him to occupy a convenient seat but the boy did not move. In this case it was held that :
• Assertion (A): X and Y independently intending to kill Z strike him with iron rod on his head. Z dies as a result of the injuries. Both X and Y are guilty of murder under Section 302/304, Indian Penal Code. Reason (R): When a criminal act is done by several person in furtherance of common intention of all, each of them is liable as if it was done by him alone.Of the above statements.
• Assertion (A): X and Y had independently entertained the idea to kill Z. Accordingly each of them separately inflicted wounds on Z, who dies in consequence. X and Y are liable for murder with the aid of Section 34 IPC. Reason (R): When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act is done by him alone. Of the above statements.
• A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that before he can stop his vessel, he must inevitably run down a boat B, with twenty to thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in boat B. But in the course of this action A runs down boat C.
• Give best response. Z, a pick-pocket attempts to take the purse of a gentleman who has a loaded pistol in his pocket. The thief touches the pistol and the trigger goes off, the gentleman is shot dead. The liability of the pick-pocket is as follows :
• Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that :
• The accused & his wife sister’s husband B were sleeping out in the verandah. B got up & entered the accused wife’s room accused also got up & peeping through door he saw B & accused wife was having intercourse. He returned to his charpai & lay down. After some time B come back & lay down on the charpai. When B began to snore accused cutted down him by a knife which he was having with him. This case