Dying Declaration-Moot Problem

Associate

Problem:

 

Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.

 

 

During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.

After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.

 

Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.

Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.

Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness.

 [ I am the counsel appearing for the State, what are the main poits that are supposed to be considered and how to prove that dying declaration is valid, i need supporting case laws]



Attached File : 8 8 moot problem dying declaration.pdf downloaded 1693 times

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Advocate

Refer the case of Khushal  Rao vs The state of  Bombay 1958-SCJ-0198-SC.


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Please see the citation below. It may be usefull to you

(1992) 4 SCC 225

(1992) 2 SCC 474

1992 Supp (3) SCC 55

1992 Supp (3) SCC 60

1992 Supp (3) SCC 173

(1989) 3 SCC 390

 
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CAN ANY ONE HELP ME TO SLOVE ALL CASE OF MOOT COURT PLZ HELP ME 

 

 

 

Problem:

 

Mala and Rahul were married in 2001 and were residing atVijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.

 

 

During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.

After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.

 

Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.

Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.

Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness.

 [ I am the counsel appearing for the State, what are the main poits that are supposed to be considered and how to prove that dying declaration is valid, i need supporting case laws]

 
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i want fact issue related case prayer clause

 
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please help me out of moot problem

panchamuki river starts in kerala, flows through it for 160kms and crosses tamilnadu, runs through it for 285kms and empties into the bay of bengal. the state of kerala decided to build a large dam across the river at irungnalakuda. the project has already started and is awaiting clearance from central water commisssion, ministry of environment and forest and ministry of welfare. tribal people of five villages living on the banks of the river in the state of tamilnadu, fearing the consequences, formed an agitation committee under the "tribal protest forum" and filed a case against the state of kerala in the Supreme court challenging the dam project on the following grounds.

1. the dam project will cause ecological imbalance and violates their right to environment.

2. their livelihood is affected.

3. they will be displaced since the dam project will submerge their villages.

4. their place of worship will be destroyed and hence the project is violative of their religious right.

5. kerala's action is violative of the Forest Rights Act.

 I HAVE TO APPEAR FOR THE RESPONDENT- THE STATE OF KERALA.

I HAVE MANY DOUBTS WITH THIS PROBLEM:

1.WHETHER A STATE CAN BUILD A DAM WITHOUT THE PERMISSION OF THE CENTRAL GOVERNMENT.

2. IS THERE ANY CASE LAW TO BE CITED FOR THIS MOOT PROBLEM

 
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[ I am the counsel appearing for the State, what are the main poits that are supposed to be considered and how to prove that dying declaration is valid, i need supporting case laws]
 
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Mala and Rahul were married in 2001 and were residing atVijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.

During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.

After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.

 

Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.

Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.

Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness.

pls help me to prepare moot memorial. 

 
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