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Moot court problem based on previous year moot curriculum. Improve your skills.
Typology: Exercises
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Mr. ‘M’ Worked As A System Operator At A Computer Centre In Kolkata And Lived In The Town. His Village Was At A Distance Of 25 Kms. From His Workplace Which He Ordinarily Visited On Saturdays & Sundays. Mr. ‘S’ Was A Farmer Who Lived With His Family Consisting Of His Wife, Mrs. ‘S’, Son Mr. ‘G’ And A Daughter Miss ‘N’. Mr. S’s Brother, Mr. ‘SB’, Also Lived In The Same Household. He Was Used To Drinking & Gambling And Owed A Debt Of Rs. 20,000 To Mr. ‘M’. Whenever Mr. ‘M’ Demanded His Money, Mr. ‘SB’ Showed His Helplessness But Never Denied To Pay Off His Debt. Mr. ‘M’ Was In Love With Miss. ‘N’ And Used To Meet her on The Weekends When Her Father Was Not At Home On The Pretext That He Had Come To Collect The Money. Mr. ‘S’ Did Not Like It And Told Mr. ‘M’ Many A Times Not To Visit His Home In His Absence. He Also Scolded His Daughter For Meeting Mr. ‘M’ But he Did Not Stop Visiting Miss. ‘N’. During The Day On Monday, 8 th August 202 0, Mr. ‘M’ Received A Phone Call From Mr. ‘SB’ Inviting Him To Come That Evening To Collect His Debt. Mr. ‘M’ Went To Their House Around 8: 30 P.M. The Members Of Miss. N’s Family Had Finished Their Dinner And Were Preparing To Go To Sleep. On Hearing Some Whispering Voices Coming From The Backyard Of Their House, Mr. ‘S’ With His Brother Mr. ‘SB’ And Son Mr. ‘G’ Went There To Investigate. They Saw Mr. ‘M’ Talking With Miss. ‘N’. Mr. ‘S’ Lost His Temper And Started Abusing Mr. ‘M’. Mr. ‘G’ Brought A Lathi From Inside And Gave A Blow To Mr. ‘M’ On The Leg. Then Mr. ‘SB’ Grabbed The Lathi From Mr. ‘G’ And Started Beating Mr. ‘M’ Mercilessly Giving Blows On His Head And Chest.
On Hearing The Hue And Cry, Other Villagers Came To The Scene. They Found Mr. ‘SB’ Giving Blows To Mr. ‘M’ While The Other Two Were Shouting Abuses On Mr. ‘M’. Mr. ‘M’ Was Bleeding From The Head And Became Unconscious. He Was Taken To The Hospital By The Villagers Where He Died Three Days Later Without Regaining Consciousness. The Post-Mortem Report Confirmed That Mr. ‘M’ Suffered Injuries On The Head And Fractures Of Three Ribs. There Were Many Concussions On Different Parts Of His Body. There Was Much Loss Of Blood. While None Of The Injuries Independently Was Sufficient To Cause Death, The Cumulative Result Was Sufficient In The Ordinary Course Of Nature To Cause Death. FIR Was Registered Against Mr. ‘SB’, Mr. ‘G’ And Mr. ‘S’ Under Section 307 Read With S/34 Of The Indian Penal Code. Three Days Later When Mr. ‘M’ Died, It Was Changed To S/302 R/W 34 IPC. The Session Court Charged And Convicted All The Three Accused Persons Under Section 302 R/W 34 Of The IPC And Sentenced Them To Life Imprisonment For The Murder Of Mr. ‘M’. The Accused Persons Pleaded Grave And Sudden Provocation In Their Defence. They Also Pleaded That The Prosecution Had Failed To Prove Existence Of Common Intention Of All The Three Accused To Kill Mr. ‘M’. In The Absence Of Proof Of Common Intention, They Cannot Be Convicted Under Section 302 R/W 34 IPC. The Three Accused Have Filed Separate Appeals To The High Court Against The Order Of Conviction And Sentence.