Maharashtra Judicial Service District Judge 2007 Paper-II

Maharashtra Judicial Service District Judge 2007 Paper-II Question Paper

1. Write a judgment on following facts after mentioning bare necessary facts and presuming that necessary witnesses were examined by the prosecution.
Nirmala was happily married to Chandu. The couple had a daughter aged 4 years. She was not keeping well and hence they brought her to Amaravati for Medical treatment, where father of Nirmala was staying. They had come to Amravati on 30.10.2001. On 02.11.2001 at 1.30 p.m. Nirmala was chit-chating with her neighbourers and old friends Sharda and Savita in front of her house. At that time Chandu was standing at the distance of 15 to 20 feet from the house. He was talking with Sahebrao, a distant relative, above certain property which Sahebrao was claiming to have inherited from his uncle who had died intestate. Their talks converted in heated exchange of words and Sahebrao started abusing Chandu. Sahebrao then asked Jiwan who was standing near him, to bring a sword. Jiwan brought two swords and handed over one of them to Sahebrao. Sahebrao gave two blows of swords on the head of Chandu. Chandu fell on the ground and started bleeding profusely. Nirmala and her sister rushed near him and also called the persons residing in the neighbourhood for help. The neighbourers put him in a bullock-cart and carried him to the hospital where he was declared dead.
Nirmala then went to the police station and lodged a compliant. After registering the offence, police went to the spot and inspected the same in the presence of panchas. Police then proceeded to the hospital and recorded the inquest. The blood stained clothes of the deceased were seized. The statements of witnesses were recorded. Sahebrao and Jiwan came to be arrested. During the course of interrogation, Sahebrao admitted that he had hidden the sword in a bush behind his house and agreed to show the same. The sword came to be seized in the presence of panchas. The blood stained clothes of Sahebrao and Jiwan as well as one sword from Jiwan were also seized.
The post mortem report revealed that apart from the fracture of skull, the deceased had suffered 2 incised wounds, one on the left temporal region of skull, 1 inch above the ear transverse in direction admeasuring 16 cms. X 1 cm. X 3cm. Brain tissues had came out. Another was just below injury No.1, transverse in direction, cutting ear pinna admeasuring 8 cms. X V2 cm. X muscle deep. The Medical Officer had opined that both the injuries were sufficient in the ordinary course of nature to cause the death.

2. Write short notes on any two (2) :
(a) Rule of Law
(b) Doctrine of Part Performance
(c) Customary easement
(d) Inheritance to property of a female Hindu who died intestate

3. Write short notes on any two (2) :
(a) Res Gestae
(b) Hearsay evidence whether admissible? If yes, When?
(c) Presumptions under Evidence Act
(d) Proof of private and public documents: Primary and Secondary

4. Write short notes on any two (2) :
(a) Release of accused on bail in offences under the provisions of the S.C. and S.T. (Prevention of Atrocities Act).
(b) Grant of pardon to an approver
(c) Defences available under the N.I. Act
(d) Capital punishment circumstances and provisions in which dealing with the cases when it has to be awarded.

5. Discuss provisions of territorial jurisdiction for filing suit, with special reference to suit against Corporations/ Corporate organization.

6. Describe in 25 sentences as to what are the qualities of a good Judicial Officer.