Most Important Question for Judiciary Exams.
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Question 1 of 2
1 . Q1. Seven retrenched employees of the State Electricity Board along with other employees od the Electricity Board, held a Chief Minister. Of these seven employees five, namely Gani, Abdul , Ram, Budhram and Sadhuram were attested by the police which used tear gas to disperse the demonstrators. These five were taken to the police station and were put to third degree method and were released early in the morning. Immediately on their release impelled by an irresistible impulse to avenge themselves against the chairman of the Electricity Board, whom they thought to be responsible for their retrenchment, they hired taxi and drove towards the house of the Chairman. Just as they were proceeding towards their destination, Gani stopped the car and entered a house emerged out of it with a pistol which he concealed in his pocket, and his colleagues were not aware of this fact. The taxi was parked about 10 yards away from the residence of the Charman. Sudhauram Remained in the fact. Ram and Budharam stood near the gate of the Chairman’s residence. At that time the Chairman was strolling in his lawn. Gani and Abdul entered the house and attacked the Chairman with fists and hand blows. As the Chairman Staggered. Gani Fired pistol shot, Ram and Budharam ran to the taxi and made good their escape. On hearing the gun-shots, Chairman’s wife Madhu and his servant Ramdas rushed out of the house and they saw Gani and Abdul running out.
The police was informed and the Chairman was removed to the General hospital in a critical condition. After making statement that Gani and Abdul had attacked him and shot at him, he succumbed to his injuries.
Subsequently all the five persons and taxi driver were arrested and Ramdas identified Gani and Abdul as the persons whom they has seen running out of the house. Madhu further deposed that she saw Gani firing at the Chairman from a distance of about one yard. The surgeon who did the post-mortem deposed that in his opinion, shot was fired from a distance of about 15 yards.
Gani, Abdul ,Ram, Budharam, Sudharam and the taxi driver were charged with criminal conspiracy, murder, rioting, house trespass, abetment to these offences.
Please decide the case giving out arguments of both prosecution and defence. (RJS 1979)