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Moot Problem

1. Neha and Mayank were married but their relationship deteriorated and they fought often, leading Neha to leave with their daughter Swati and live with her father Neeraj. 2. During a quarrel between Mayank and Neeraj in the market, Neeraj slapped Mayank and in a fit of rage, Mayank hit Neeraj in the stomach with a stick, causing Neeraj's enlarged spleen to rupture since he was ill, leading to his death. 3. Based on Neha's complaint, Mayank was arrested and convicted of murder using Neeraj's dying declaration as evidence, but Mayank appealed, arguing the declaration was false and the evidence against him was

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67 views2 pages

Moot Problem

1. Neha and Mayank were married but their relationship deteriorated and they fought often, leading Neha to leave with their daughter Swati and live with her father Neeraj. 2. During a quarrel between Mayank and Neeraj in the market, Neeraj slapped Mayank and in a fit of rage, Mayank hit Neeraj in the stomach with a stick, causing Neeraj's enlarged spleen to rupture since he was ill, leading to his death. 3. Based on Neha's complaint, Mayank was arrested and convicted of murder using Neeraj's dying declaration as evidence, but Mayank appealed, arguing the declaration was false and the evidence against him was

Uploaded by

Nayan Nagda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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SRM 

UNIVERSITY
MOOT PROBLEM
Neha and Mayank were married in 2013 and were residing
at Veejanagar, Dela. However, after a few years their relationship got
strained and they regularly quarreled over frivolous issues. On
16th June, 2019,Neha left her matrimonial house with her eldest
daughter Swati and started living with her
father Neerajat Jitanagar, Dela. Mayank asked his sister, Deepa to take
care of his younger daughter, Smriti and prevented Neha from seeing the
child. On 1st August, 2019, Nehacame to Deepa's house and forcefully
took Smriti with her. On hearing this, Mayank reached Neeraj’s house and
a quarrel followed. On 3rd August, 2019 Mayankand Neeraj happened to
meet at a market place and started to quarrel. After hurling abuses at each
other, they broke into a physical fight and in the heat of passion
thus generated; Neeraj slapped Mayank saying he would ‘kill
him’. Mayank in fit of rage took a stick lying nearby and gave a blow to the
stomach of Neeraj.
Neeraj who was suffering from a diseased spleen fell down instantly. Before
dying, Neeraj gave his Dying Declaration regarding the fight and the
knowledge of Mayank about the enlarged spleen to Neha, over the phone.
Based on a complaint filed by Neha, the Rajajinagar police
arrested Mayank and filed charge sheet.
The evidence was led by the prosecution in the Sessions Court and during
the trial a witness, Mayank’sfriend, stated that it was Neeraj who
slapped Mayank and started the fight. The Trial Court relying on the
Dying Declaration of Neeraj convicted Mayank for commission of murder
under Section 300 r/w Section 302, IPC 1860 and sentenced him to life
imprisonment. Mayank challenged the conviction on the grounds of the
legality of the dying declaration stating that false evidence was given
by Neha against him in order to take revenge on him. Therefore he filed a
Criminal Appeal, before the High Court of Dela, challenging the Order of
conviction.
Issues Raised:
1. Whether the accused has committed an offence under Section 300 of IPC,
1860.
2. Whether deposition of a friend as a witness can be admissible in the court of
law.
3. Whether dying declaration is admissible in the Court of Law.
4. Whether Conviction can be based on uncorroborated evidence.
Laws to be referred:
1. Indian Penal Code, 1860
2. Criminal procedure Code, 1973
3. The Indian Evidence Act, 1872.
Note- All laws, statutes, acts and all are pari-materia to India.

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