CLAT Sample Paper CLAT Sample Paper-7

  • question_answer
    Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives.
    Principle Every member of unlawful assembly guilty of offence committed in prosecution of common object.
    Facts A, along with eight others went to a near village to beat some of his enemies. In this fight A was injured. The members of the opposite party ran away. Thereafter, A's friends followed the opponents and killed one of them.

    A)  A and his companions are liable to be punished for the murder

    B)  Only A is liable, others are liable for minor offences only

    C)  No one is liable since they exercised the private defence

    D)  None of the above

    Correct Answer: A

    Solution :

    A and companions are liable to be punished for the murder under Section 149. The section lays down, if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly or such as the members of that assembly know to be likely to be committed in prosecution of that object every person, who at the time of committing of that offence is a member of the same assembly is guilty of that offence.

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