Help us with the issues of our moot problem promptly.
(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.