2nd Semester Inter Class Moot Court Competition Past Paper 2023 PDF

2ND SEMESTER INTER CLASS MOOT COURT COMPITION ,2023 BEFORE THE HONOURABLE SUPREME COURT OF INDIANA UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIANA IN THE MATTER OF SAM & SUBHAJIT…………………………………………………………APPELLANT Versus UNION OF IND...

2ND SEMESTER INTER CLASS MOOT COURT COMPITION ,2023 BEFORE THE HONOURABLE SUPREME COURT OF INDIANA UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIANA IN THE MATTER OF SAM & SUBHAJIT…………………………………………………………APPELLANT Versus UNION OF INDIANA……………………………………………………RESPONDENT NAME: SOMA JANA SEMESTER: 2ND SECTION: C ROLL NO.: 6 MEMORIAL ON BEHALF OF THE RESPONDENT 1  TABLE OF CONTENTS INDEX OF AUTHORITIES…………………………………………………………… STATEMENT OF JURISDICTION…………………………………………………… STATEMENT OF FACTS………………………………………………………………. ISSUSES RAISED………………………………………………………………………. SUMMARY OF ARGUMENTS………………………………………………………… ARGUMENTS ADVANCED…………………………………………………………….. PRAYER………………………………………………………………………………….. 2  LIST OF ABBREVIATIONS & And Acc According Hon’ble Honorable IPC Indian Penal Code Sec Section V Versus 3  INDEX OF AUTHORITIES STATUETS: SL NO. STATUTES 1. INDIAN PENAL CODE,1860 2. THE CONSTITUTION OF INDIA,1950 CASES: SL NO. CASES CITATIONS 1. State of Andhra Pradesh v. Rayavarapu 1976 AIR 45 Punnayya & Another 2. Prabhu V. Madhya Pradesh 2008 S.L.P(crl.)1418 3. Tarkeshwar Sahu V. State of Bihar 2006 appeal (crl.)1036 4. Kunti Kumari v. State of Jharkhand 2016 WEBSITES REFERED: o www.indiankanoon.com o www.casemine.com o www.legalserviceindia.com 4  STATEMENT OF JURISDICTION The Respondent humbly submits this memorandum under Article 136 of the Constitution of India. However, the Respondent seeks permission of this Hon’ble Court to contend the maintainability of this Special Leave Petition. The present memorandum sets forth the facts, contentions and arguments in the present case. STATEMENT OF FACTS For the sake of brevity and convenience of the Hon’ble Court, the facts of the present case have been summarized as follows: 1. Subhajit, a poor boy lived in Malaya who studied in a school upto sixth standard.Then he take a job of household and other allied chores in the Mr.Biswas’s house who has two children,a boy Rijit 16 years old and a girl named Riya aged 16 years old.Rijit have a friend ,Sam aged 17 years,son of Mr.Adam. 2. Rijit and Riya treated Subhajit in condescending manner,they insult him in trivial matters.Sam and Rijit had a animosity since childhood. Then one day,Rijit and Riya insulting Subhajit and Sam saw this opportunity and both shared the hatred for Rijit and Riya. 3. On 7th March, Subhajit took leave for 3 days for going to his village but On 8th March,at 7:30p.m Riya and Rijit along with their mothers are going to painting exhibition at around 8:30 p.m Riya was kidnapped by four person and they killed Riya and Rijit at around 9:30 p.m the guard discovered this situation. 5 4. On 10th March,2020 the investigating officer arrested Sam on the information of Bobby, 12th March,Subhajit,Binoy aged 17 years and Kana aged 17 years who was the friend of Sam was arrested. 5. This case was admitted to the Juvenile Board as all the boys are below 18 years of age. But the case of Sam and Subhajit was committed to the Session Court under section 304,326,354 read with section 34 of the IPC,1860 while Binoy and Kana were tried by Juvenile Court under section 304, 326,354 and read with section 34 of the IPC. They were directed to be sent to special home for 1 year and Sam was directed to be sent to the special home for 3 years and the Session Court Sentenced Subhajit for imprisonment of 3 years. 6. An appeal was filed in the High Court by Subhajit and Sam but both pf their petition was rejected by the High Court.In the cross appeal which was filed by the prosecution against Marshal and Sam.Both are convicted under section 302 of IPC instead of 304 and Subhajit was ordered to be sentenced for a period of 10 years. 7. On11th January , 2021 both Subhajit and Sam approached the Honourable Apex Court of Indiana and the Apex Court clubbed both the matters and decided to hear the same. 6  ISSUES RAISED 1. Whether there has been a Culpable Homicide which is not amounting to murder under section 304 of IPC ? 2. Whether in this case a murder weapon is found that is offience under section 326 of IPC? 3. Whether the Assault or Criminal force to Woman under section 354of the IPC that is to outrage her modesty? 4. Whether in this case there has been a intentional insult with intent to provoke breach of the peace under section 504 op IPC? 5. Whether there has been an act done by Several persons in furtherance of Common intention under section 34 of IPC? 7  SUMMERY OF ARGUMENTS 1. Whether there has been a culpable homicide which is not amounting to murder under sec 304 of IPC? Ans. In the present case it is not a culpable homicide, it is a clear murder under Sec302 of IPC,1860.Because under this sec if any act done with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person to whom the harm is caused. 2. Whether in this case a murder weapon is found that is a offience under sec 326 of IPC? Ans. The explanation of sec 335 of IPC is the same as Sec 300 of IPC. Rijit In this present case acc to postmortem report.The death of Rijit was caused for the head injury and internal bleeding.When Rijit saw that two guys were tightly holding his sister and the other two were trying to outrage her modesty,he tried to save his sister and at that time this accused person gave blow by a rod on Rijits head and several blows over his abdomen due to which he felt unconscious.As they used a rod and killed him bruttaly so it is a offence under Sec 326 of IPC, 1860. 3. Whether the Assault or criminal force to woman under sec 354 of the IPC that is intent to outrage her modesty? Ans. In this present case, the postmortem report says that Riya died due to suffocation caused by strangulation.Her clothes were torned and the medical report also reveled that the presence of several scratches and injuries on her body.Moreover Subhojit’s finger print was found on Riya’s body.So, the report says that they tried to outrage her modesty and atlast killed her. So there was a clear intention to outrage Riya’s modesty. 4. Whether in this case there has been a intentional insult with intent to provoke breach of the peace? Ans. In the present case both Riya and Rijit treated Subhajit in a condescending manner, they insult him on trivial matters. One day Rijit told Subhajit to bought his thing but this thing was not available in the market so, Rijit started insulting him in public , on the other hand on several occasions , Riya also verbally abused & tormented in public. So, for this reason Subhojit wanted to take a revenge from them. 8  ARGUMENT ADVANCED ISSUE- 1: THERE WAS A CAPABLE HOMICIDE 1. Culpable homicide is who ever causes death by doing act with the intention of causing death, or with intention of causing such bodily injury as is likely to cause death, or with the knowledge that ha is likely by such act to cause death , commits the offence of culpable homicide. 2. In the present case it is not a culpable homicide, it is a clear murder under Sec 302 of IPC,1860.Because under this sec if any act done with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person to whom the harm is caused. 3. In State of Andhra Pradesh v. Rayavarapu Punnayya & Another case the supreme court in this case stated that the distinction between ‘murder’ and ‘Culpable Homicide not amounting to murder. The Apex Court opined that the High Court passed an erroneous order by altering the conviction and that the accused should sentenced to life imprisonment. 4. In the present case , Subhajit, Sam, Binoy, Kana was accused for the murder of Riya and Rijit. Now, Riya & Rijit who are the son and daughter of Mr.Biswas treated Subhajit in a condescending manner, they insulted him on trivial matters in front of public , so, a provocation is made by Riya & Rijit. So, there was enimity since childhood between them.Thus,from here we can understand it is a clear intention of murder. ISSUE-2: THERE WAS VOLUNTARILY CAUSING GRIEVOUS HURT ON PROVOCATION 1. Acc to sec 335 of IPC , whoever causes grievous hurt on grave and sudden provocation , if he neither intends nor knows himself to be likely to cause grievous hurt to any provocation, shall punished with imprisonment 0f either description for a term which may extend to 4 years or with a fine which may extent upto 2000 Rs. Or with both. 9  2. In Prabhu V. Madhya Pradesh 2008 the court held that the appellant was guilty of offence which is punishable under Sec 326 read with Sec 34 of IPC.However, in the peculiar fact of the case the sentence of 5years rigorous imprisonment would meet the ends of justice. 3. In this present case acc to postmortem report.The death of Rijit was caused for the head injury and internal bleeding.When Rijit saw that two guys were tightly holding his sister and the other two were trying to outrage her modesty,he tried to save his sister and at that time this accused person gave blow by a rod on Rijits head and several blows over his abdomen due to which he felt unconscious.As they used a rod and killed him bruttaly so it is a offence under Sec 326 of IPC,1860. ISSUE 3: THERE WAS A CLEAR INTENTION TO OUTRAGE RIYA’S MODESTY 1. Who ever assaults or uses criminal force to any women intending to outrage or knowing it to be likely that he would there by outrage her modesty as it is explained in Sec354 of IPC,1860. 2. In the case of Tarkeshwar Sahu V. State of Bihar,2006, the hon’ble HC and the trial court said that the appellant is clearly guilty of the offence under sec 354 of IPC.and the court held that the appellant is sentenced to two years rigorous imprisoned. 3. In the present case there was a clear intention to outrage Riya’s modesty.On 8th March,2020 at 8:30 PM Riya was kidnapped by four person.Rijit sensed that his sister was missing and then he started to search her. 4. The postmortem report says that Riya died due to suffocation caused by strangulation.Her clothes were torned and the medical report also reveled that the presence of several scratches and injuries on her body.Moreover Subhojit’s finger print was found on Riya’s body.So, the report says that they tried to outrage her modesty and atlast killed her. 10 ISSUE-4: THERE HAS BEEN AN INTENTIONAL INSULT WITH INTENT TO PROVOKE BREACH OF THE PEACE 1. Acc to sec 504 of IPC who ever intentionally insults, and thereby gives provocations to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall punished with imprisonment of either description for a term which may extend to two years or with fine or with both. 2. Kunti Kumari v. State of Jharkhand in this case the complainant, who was the president of the village education committee had organised a budget meeting in which the appellant was present. The complainant was handing out meal packets to the member for lunch. When she saw handing the meal packet to the appellant, the appellant snatch the packet out of her hand and started abusing her with respect to her community, uttering disrespectful statements against the case, and saying that even a dog would not eat the food she serves. The appellant had abused her in front of all the teacher and trainees, which had caused her mental harassment. The High Court charged the appellant with 4 months of simple imprisonment under sec 504 0f IPC. 3. In the present case both Riya and Rijit treated Subhajit in a condescending manner, they insult him on trivial matters. One day Rijit told Subhajit to bought his thing but this thing was not available in the market so, Rijit started insulting him in public , on the other hand on several occasions , Riya also verbally abused & tormented in public. So, for this reason Subhojit wanted to take a revenge from them. 11  PRAYER Wherefore, in light of the facts stated, issues raised, arguments advanced, and authorities cited, this Hon’ble Apex Court may graciously be pleased to adjudge and declare that: 1. Pass an order of imprisonment maximum 10 years under sec 302 of IPC against both Sam and Subhojit as they had committed the murder with common intention. And pass any other order, direction, or relief that this Hon’ble Court may deem fit in the interests of justice, equity and good conscience. All of which is humbly prayed. Place : The hon’ble Apex court of Indiana Sd/- Date : Counsel for the Respondent 12