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Querist : Anonymous (Querist) 21 April 2021 This query is : Resolved
Maria and John were married in 2015 and were residing at Ahmedabad, Gujarat. After one
year of marriage, Maria came and stayed with her family for about 14 months. It was only after
convening a panchayat of close relatives, she had returned to her matrimonial home. She
claimed that she was maltreated and insisted for the demand of a scooter, thus, she had been
subjected to cruelty.
After about a year of marriage a male child was born to her and about one and a half years
there after she gave birth to another male child.
However, within few years their relationship got strained and Maria & John were regularly
quarrelling over frivolous issues. One day, Maria left her matrimonial house with her elder son
Jim and started living with her father David at Bopal, Gujarat. John kept his younger son, Jam
with his mother, Reena and prevented Maria from seeing the child.
During the Navratri festival Maria came to Reena's house and forcefully took Jam with her.
John on hearing this reached David's house and quarrelled. After two days of the incident. John
and David happened to meet at Paldi market place and started to quarrel and grappled with
each other. Both fell down. In the heat of passion thus generated David slapped John saying he
would kill him. John in fit of rage took a stick lying nearby and gave a blow to David which fell
on his back. David who was suffering from diseased spleen fell down and became unconscious.
Seeing this John ran away
David was rushed to Civil Hospital Ahmedabad where he spoke to the doctor. Before dying
David made a statement regarding the fight and the knowledge of John about the enlarged
spleen. Gujarat Police arrested John and filed charge sheet. Evidence was led by prosecution in
the Sessions Court and during trial an eyewitness stated that it was David who slapped John
and started the fight.
The medical evidence shows that there were 2 grazes on the back of the deceased one graze
3" x 1" on the left side of the back of the body, and another graze 1' x 1/2 " on the left side of
the back of the body.
Trial Court relying on statement of David convicted John for commission of murder
and sentenced him for life imprisonment. John challenged the conviction by filing a
Criminal Appeal, before the High Court, challenging the trial court order.

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Quick Summary

This moot problem concerns a couple, Maria and John, whose marriage deteriorated leading to accusations of cruelty and separation. The situation escalated when John prevented Maria from seeing their younger son, Jam. A subsequent altercation between Maria's father, David, and John resulted in David's death. John was convicted of murder, but an appeal is being considered, with conflicting accounts of who initiated the physical altercation and questions surrounding the medical evidence and David's pre-existing condition.

Dr J C Vashista (Expert) 21 April 2021
Seek guidance of your professor/ tutor, this platform is meant for needy litigants and not for coaching.

Sankaranarayanan (Expert) 21 April 2021
Yes i do stand with expert Dr vashitaji this is not the place as pointed for the expert.

ashok kumar singh (Expert) 21 April 2021
agreed with views of earlier experts. this platform is not a coaching classes.
thanks

Pradipta Nath (Expert) 21 April 2021
Please seek guidance from your Professor/s or think about peer learning!

kavksatyanarayana (Expert) 21 April 2021
If the story is real, then consult your own counsel.

Shilesh Patel (Expert) 22 April 2021
Respect the platform and perform some research work for the moot problem.

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