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Give correct response. A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend’s house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend’s house. In this case :
A was negligent in so far as he did not try to ascertain whether the gun was loaded or not, therefore, he would be liable for negligently causing his wife’s death.
A is liable not for murder but for culpable homicide because he would have exercised greater caution in handling the gun.
A has acted in a mistaken belief that the gun was not loaded, therefore, he was entitled to the defence of mistake and will not be liable.
A would not be liable because death was caused by accident as he had reasonable ground to believe that the gun was not loaded.
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