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    1454576236

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    BOARD OF DEPARTMENTAL EXAMINATION DEPARTMENTAL EXAMINATION FOR TAS/HAS OFFICERS October, 2012 Paper 2: (Criminal Case) Time allowed — Three hours Maximum marks ~ 100 Note: (1) Attempt both the questions. (2) Questions carry the marks indicated against them. Q.1(@) On the telephonic information received from ASI Rajinder Kumar, report no.14 was recorded in the daily report (A-1) on which FIR No. 311/2001 was registered and after investigation of the case (A-2 to A-9) was conducted aed challan (A-10) was presented in court. Notice of accusation is required to be given to the accused. Please frame notice of accusation against the accused on the basis of the investigation and the challan. (10 marks) (b) Accused pleaded not guilty to the notice of accusation and he was: tried by Ld. Judicial Magistrate. The prosecution examined six witnesses in support of the case (A-11 to A-16). Please record statement of the accused under section 313 Cr.P.C. (10 marks) The accused pleaded not guilty in his statement under section 313 Cr.P.C. and did not lead any defence evidence. Write a reasoned judgment on the basis of the evidence and material on record. 30 marks: Q2 (a) On the basis of the statement of applicant Hima Ram Sharma (B-1), the enquiry was conducted by the police and then police presented kalandra under sections 107 and 150 Cr.P.C. against Roshan Lal (B-2) before $.D.M. Shimla on the basis of the statements of witnesses (B-3 to B-9). On the basis of the afore- said record, draw notice under section 111 Cr.P.C, against Roshan Lal. a (b) On the basis of the above record of the police, Ld.SDM issued notice under section 111 Cr.P.C. to Roshan Lal who did not admit the substance of the notice,Thereafter Ld.SDM recorded the statement on oath of Hima Ram (B-10) and stopped the enquiry. Write a detailed order with reasons supported by facts on record on the basis of which Ld. SDM thought it proper to drop the proceedings at this stage of enquiry. 25 marks) (c) Whether there is any statutory period during which the enquiry is to be completed by the Executive Magistrate in cases under sections 107/150 Cr.P.C? If so what is the statutory period and whether period can be extended? If so under which circum- stances? (10 marks) (c) Smavks) slic hah omit aren amg woes roe wm. 14 Ptorererat CEs nt saere Ares Holz er 14 CoeSrs soos ‘STeT 20.32.2001 artes ere | agane 2 zareraft = at wer siterer vA, mest aynftes sam ® 1 ae wet wiser ene, a. 1479 Police Post Jutogh P.S. West Dated 22.12.2001 nar smopior Sor for Gase FIR Mo. 3414/2001 dated 20.12.2601 u/s 279 337/333 IPC. PS West chimia an tem out Sines te Be P34 CH 3683 cise TTR ore PS West Shima 21.12.2001 -a- A-? ——= faen fererer an sao PC PS, West Shimta, Case FIR No. 2 wa ome caf or oo ww os4es0g04 et CrP.c, (sty cement on SET od aad [owe mercer

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