Nepal Open University

Faculty of Management and Law

Mid Term Exam-2078 B.S. (2021 A.D.)
Programme:-Bachelor of Law (LL.B.) Full Marks:- 50 Marks
Year :- 3rd Year Pass Marks: 23 Marks
Subject :- Law of Evidence (LWEVE 404) Time: 11/2 hrs.

Group A- Conceptual (Short Answer)

Attempt Any Three Questions given below. (3x5=15)

1. What is Evidence and Evidence Law?

2. What do you mean by Judicial and Non judicial Evidence?
3. Briefly state development of the Law of Evidence in Nepal
4. What are the nature and objectives of Evidence.
5. Distinguish between Primary and Secondary Evidence with suitable example.

Group B- Critical/Problem Solving (Long Answer)

Attempt any TWO questions given below. (2x10=20)

6. Define the term "Evidence". Discuss about Presumptive and conclusive evidence in Nepal.
7. Discuss the Importance of Law of Evidence in Nepal.
8. Describe briefly about Classification of Evidence.
Group C- Situation/Cases Analysis

9. Read the following legal situation/case and answer the questions that follow. (3x5=15)

The Autopsy Report clearly shows that the deceased Samjhana Shah Saxena died from hanging. The cause of death is clearly
stated to be hanging. Although the autopsy report shows that he committed suicide by hanging, I have not been found guilty at
all. An autopsy specialist, Dr Harihar Awasti. It is clear from the bank account of Dr. Harihar Awasti that the death of
Samjhana Shah was not due to duty but due to suicide. It is a fact that very few symptoms are common in hanging bodies.
External examination reveals no symptoms other than a trap in most bodies. No injuries to the internal organs of the neck were
seen in most of the corpses. Spiral Cord is found to be broken or twisted in empty Judicial Hanging. It is not found in other
hangings. If a person is bitten by a snare, injuries to the internal organs are seen. This is called ligature strangulation, not
hanging. Similarly, autopsy specialist Dr. Pramod Kumar Shrestha Hanging is the death caused by the butcher of the snare in
the throat. The butcher of that trap is due to his own body weight. With the snare tightening, the tube that returns from the
brain closes and new blood does not come to the brain, due to which the person becomes unconscious due to lack of oxygen. A
pressure of 2 kg is enough to close this bleeding vein. But when an adult and a conscious person tries to hang himself, the
hanging person resists. There is no dispute that the suicide note recovered from the deceased's room
was written by the deceased. Suicide Note is written by a person who has decided to commit
suicide. Jaherwala Pradip Narayan, Shah understood man Shobha Thapa, Shobha Nepali, Kapil
Shah who did the paper during the investigation, Bibha KC of Muchulka, Mira KC. Even people
are not eyewitnesses.

Questions
(a) What are the main reason of death of Samjhana Shah Saxena and Find out the main Evidence
cause of death of Samjhana Shah Saxena?
(b) Who are not eyewitnesses in this cases writ the name these person?
(c) What are the main symptoms of hanging bodies and Writ down the major symptoms of Hanging Bodies
which are shown by autopsy specialist Dr. Pramod Kumar Shrestha.

Good luck!