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Question
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
Options
B's death is accidental, as 'A' did not have the knowledge that th e gun is loaded.
B's death is accidental, as 'A' had no intention to kill 'B'.
B's death is accidental, as 'A' was just pointing the gun playfully at 'B'
B's death is not accidental, as there was want of proper care and caution on the part of 'A'.
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Solution
B's death is not accidental, as there was a want of proper care and caution on the part of 'A'.
Explanation:
B's death is not accidental, as here was want of proper care and caution on the part of A. In Bhupender Singh A Chudasama vs State of Gujrat AIR 1997 SC3790, The Hon'ble Supreme Court observed on the falls of a case before it. The primordial requirement of the exception that we get is that it should have been done "with proper Care and Caution".
The reasonable conclusion drawn is that the B's death is not accidental, as there was a lack of proper care and caution on the part of A. So, "B’s death is not accidental, as there was want of proper care and caution on the part of ‘A’" is correct.
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