moot court problem
sunandini
(Querist) 22 July 2012
This query is : Resolved
i ahve got a moot court problem ...i have been working on it but i think some links are missing....it goes on like this....
sangeeta and ranjeet were married in 2001 they had 2 daughters ......after few years of their strained relation they quarelled regularly..one day sangeet took her elder daughter and went to her father's place ,mr.gopal sharma... ranjeet kept his younger daugter with his sister and prevented sangeeta from meeting her..one day around noon..sangeeta came to her sister in law's house and took her daughter forcefully...on this incident ranjeet went to his father in law's home and quarelled..
after few days of incident, ranjeet and gopal sharma happened to meet in a market place where ranjeet owned a shopping mart....they started quarelling and grappeled with each other ... in the heat of passion gopal sharma slapped ranjeet and said he would kill him... in a fit of rage ranjeet gave a biff to the abdomen of gopal sharma...gopal sharma was suffering from enlarged spleen..he fell down instantly..before dying gopal sharma gave his statement regarding the fight and also claimed that ranjeet had knowledge abt enlarged spleen...police arrested ranjeet and files charge sheet.... during trial an eyewitness who was friend of ranjeet stated that it was gopal sharma who slapped ranjeet and started the fight .evidence was led by prosecution in sessions court and trial court relying on the statement of gopal sharma convicted ranjeet for commision of murder and sentenced him for life inmprisonment ..
ranjeet challenged the conviction by filing a criminal appeal before the high court of j&k.....
what is expert opinion on this.....
Tajobsindia
(Expert) 18 October 2012
Criminal Law is a very easy and complicated subject.
What needs to be proved in case of a "Murder simpliciter when conviction is only under Sec. 302" ?
1 If murder has taken place,Sec 302 is applied. But if it is a planned murder, planned jointly with few other persons, other Sections like 34, 120B, 149 etc are also attracted.
Difference in facts surrounding murder, decides which sections are attracted and what evidence are needed and what is 'commonly followed law' in such cases.
2 Several persons killed a man. There were several injuries on body. Since there were no other evidences about pre-planning or such other facts to attract sections other than 302.
Trial Court convicted everyone whom police had made accused.
High Court re-looked at evidence and felt that after dead body was found, evidences appear to have been manipulated and it found that there is no evidence against any one except one person.
So it convicted one person and acqitted others.
3 The One person who was convicted came to Supreme Court.
The Court noticed that conviction was only under 302. No other sections were applied. Others are also acquitted.
So this was only a conviction for 302 only.
4 Then comes law. When Conviction is only under 302, it has to be proved that (1) Accsed is the author of injury inflicted (2) That the said injury was such that it could have caused death.
Here, the deadbody had several injury. It was not proved what was the injury of which accused, this person in appeal was the author.
Therefore, the accused was entitled to acquittal.
And he was acquitted.
