Directions: The question consists of two statements, one labelled as Principle and the other as Fact….

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Directions: The question consists of two statements, one labelled as Principle and the other as Facts. You are to examine the principle and apply it to the given facts carefully and select the best option.

Principle: Mens rea(Intention) and Actus reus(Physical act leading to crime) are the essential ingredients of criminal act and in the absence of these, no criminal liability can be fixed on any person.
Facts: Mohan was under the suspicion that his wife Roshni is cheating on her and has extra-marital affairs with somebody. He hired a detective to find out if there was some truth in his suspicion. Detective produced evidences which shows that his wife is engaged in extra-marital affairs. Mohan in sudden provocation hired a hitman to kill his wife. Hitman killed her.

Who is liable for killing Roshni?

Options :-

1. Only hitman has the requisite intention to kill her, so he is alone liable.
2. Only Mohan is liable because it was he who hired the hitman to kill his wife.
3. Both Mohan and hitman are liable because they acted in the furtherance of common goal that is killing Roshni.
4. No one is liable because she was the wrongdoer in the first place.

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