Five persons went to the house of K armed with clubs to beat K. Among those one A was carrying a pistol concealing it underneath his clothes. During beating A fired a shot resulting death of K. In such case

Related MCQs

• 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:
• The house of a person was raided by a gang of five dacoits. One of them was armed with a gun. Mean while a number of villagers had assembled outside the house and compelled dacoits to retreat with out the booty. The dacoits fired a shot resulted in the death of a villager
• Give correct response. A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend’s house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend’s house. In this case :
• 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.
• Where a compact body of persons armed with clubs headed by a man carrying a gun endeavored to take forcible possession of land one of the opponent was shot dead by their head :
• 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 :
• In a case the accused who was a widower led a homely life with his 12-year-old son, nephew and unmarried daughter. The accused suffered from no insanity. One day the accused accompanied by his son went with an axe in his hand to woods to gather siadi leaves. Sometimes after his nephew who had been working in the field discovered the accused sleeping under a tree with the blood stained axe beside him. There was no trace of the son of the accused. Later his son was found hacked to death. It transpired in evidence that the accused for the time being was seized of a state of mind in which he visualised that a tiger was going to pounce on him and as such mistaking his son as the tiger he cut him into pieces.
• A,B,C & D sent armed with guns to the house of K to commit robber. K being absent D with minor son of K went to the field where K was working . C stood a guard outside the house. A & B in the meanwhile shot dead two sons of K.
• Joint intention of the accursed was to give such a beating as would weak. the bones of arms and legs resulting in the death of A. All of the persons participating are guilty of the offence of
• Give correct response. A, the accused was beating B with his fists, when the latter’s wife with a baby on her shoulder interfered. A hit the woman but the blow struck the child on his head resulting in death. Held :