A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z.
Assertion (A): Nothing is an offence which is done by a person who at the time of doing it by reason of unsoundness of mind, is incapable of knowing the nature of the act. Reason (R): Mistake of fact is a good defence and Mistake of Law is no defence.
PRINCIPLE: 1. A person is liable for death penalty when he does an act which is likely to cause death, and that person knows that his act in all probability will only result in death.
2. Death penalty is given only in rarest of rare cases. FACT: Sunita, a married woman was flogged out of her husband's house by her father-in-law. When she was living with her parents, she got involved with a widower who also had an affair with Anita. In a fit of jealousy, Sunita killed her rival, Anita, as well as her little baby. Sunita also disfigured the faces of Anita and her baby and buried the bodies. Later, Sunita was tried for murder.
Z is thrown from his horse and is insensible. A, a surgeon, finds out that Z requires to be trepanned. A, not intending Z's death, but in good faith for Z's benefit, performs the trepan before Z recovers his power of judging for himself.
Which of the following is not a true consent as described in Section 90, Indian Penal Code?
1. By a person under the fear of injury
2. By a person under a misconception
3. By a person of sound mind
4. By a person who is intoxicated
5. By a person who is under twelve years of age
In which case the Supreme Court held that if a student and teacher fall in love with each other, it does not mean that the teacher has taken undue advantage of his official position?
Whoever kidnaps or abducts any child with intention of taking dishonestly any movable property from the person of such child, shall be punished under Section 369 of Indian Penal Code if the child is under-
A' knows that 'B' is suffering from a heart disease and also that if a blow is given to 'B' on his chest it is likely to cause his death. Knowing this, 'A' gives blow on 'B's' chest causing 'B's' death. 'A' is guilty of