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Question 65

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Give correct response. A the owner of a house, finding that trespassers were entering his house and using his bath room set a live electric wire in the passage leading to the bath room in order to deter trespassers. There was no warning given that the wire was a live one. Z, a trespasser enters the house unaware of the live wire and happens to touch the wire and gets a shock as a result of which he dies.


A) A will be guilty of murder of Z as he knew that his act of setting a live electric wire was so imminently dangerous that it must in all probability cause death.
B) A is not liable for any offence because he has every right to use his house in whatever manner he likes.
C) A will not be liable for any offence because the trespasser enters the house at his own risk and A owed no duty towards Z.
D) A is guilty of culpable homicide not amounting to murder because the act of setting a live electric wire was known by him to be likely to cause death, it was an imminently dangerous act but since the act was done in the exercise of right of private defence of property against trespass, which right was exceeded he would get the benefit of exception 2 to Section 300.

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