Sem VIII MOOT COURT PROBLEM 2019 24
Sem VIII MOOT COURT PROBLEM 2019 24
Sem VIII MOOT COURT PROBLEM 2019 24
Rahul was married to Sikha on 29.04.2002 and after the marriage Rahul and his
mother demanded a colour TV as dowry. On 19.5.2009 Rahul and his wife quarreled
in the morning which was witnessed by his wife’s sister Gitanjali who was staying
with them. At 2o’clock in the afternoon when Rahul came home, his wife sent
Gitanjali to bring back their child, who had gone out to play.
Gitanjali saw smoke coming out from the house while returning with the child and
found her sister lying burnt, and Rahul was standing nearby.
She called her grandfather, who stayed nearby and when her grandfather came to
the house of Rahul, Rahul’s wife allegedly made an oral dying declaration to have
been burnt by Rahul. From the evidence of Rahul’s sister in law it appears that on
the advice of the grandfather Rahul left the house to call the doctor and by then his
wife was conscious and talking. She died after Rahul left the house.
Post mortem examination reveals that there were superficial burns covering the
whole body of the deceased which was not fatal according to the doctor’s opinion.
The doctor also found fracture of the hyoid bone which was the cause of her death in
his opinion.
The session Judge convicted Rahul U/s 302 of IPC and sentenced him to death. He
however acquitted Rahul of the charges U/s 498-A and 304-B of IPC.
The convict prefers appeal and also files bail application along with the appeal
memo.
Students with Odd Class Registration Number will argue for the
Appellant.