LAW-2015: Daily Answer Writing Challenge – 31
- Discuss the principle of Res Ipsa Loquitor. Refer to recent cases.
- “In order to constitute a public nuisance there must be an act or an illegal omission, and it is not necessary that the act should be illegal.” Explain the offence of public nuisance with the help of decided cases.
- A and B were both security guards posted outside the home of a senior army officer, Mr. X. They often used to exchange hot words with each other. On Holi day, both of them has a verbal tussle due to the fact that both wanted to go home early for the festival, that led to an altercation, and both of them instantly aimed their revolvers at each other. C, who was also on duty with them intervened and pacified both of them. Both lowered their weapons, but the moment B noted that A had lowered his weapon, he immediately fired at A and killed him. On being tried, B was awarded death sentence, but the HC, on appeal, acquitted B on the plea of self defence. The State intends to go in for appeal in the SC against the decision of the HC. Advise in light of the case law on the subject.