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Law Indian Evidence Act Difficulty: Medium

The Governor of a State does not appoint the Principle: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Factual Situation: A, B, C and D who were unemployed, decided to loot the house of a rich businessman one night. When all of them were about to jump the Compound wall, D decided to remain at the gate and warn them, in case of any problem. A, B and C entered the house and took cash and gold ornaments. While coming out of the house B tripped on a rubber hose pipe creating a sound. By this the watchman who had otherwise asleep woke up. B suddenly took the rubber hose and strangled the watchman's neck thus killing him. Later all A, B, C and D were arrested and prosecuted. Provisions regarding, 'the persons who may obtain specific performance' are specified in: The accused driver of a truck while driving on the left side i.e., his side of the road, sees a cyclist coming from the opposite direction, but on the wrong side of the road i.e. in the lane on which the truck was being driven; the road being narrow and the truck driver sensing that the cyclist was peddling negligently, maneuvers his truck on the opposite lane and simultaneously the cyclist suddenly moves to his lane and as a result the truck over-runs the cyclist, causing the death of cyclist. The truck driver is not guilty of the offence of causing death by rash and negligent act because: Acknowledgement of legitimacy about a child made by a Muslim is