TEAM CODE: 5

GOVERNMENT MIZORAM LAW COLLEGE

1st MOOT COURT, 2025

21st February 2025

IN THE COURT OF SENIOR CIVIL JUDGE, AIZAWL DISTRICT, MIZORAM

ROSANGPUIA

Versus

LIANTHANGA AND OTHERS

MEMORIAL FOR THE DEFENDANT

SUBMITTED BY:

C.ROHLUPUII 2228LLB006
LALFAKZUALA 2228LLB027
LALLIANZAMI 2228LLB035
LALRUATDIKI 2228LLB041
MALSAWMSANGA 2228LLB048
S. KHAIA 2228LLB060

TEAM- 5

6th SEMESTER

GOVERNMENT MIZORAM LAW COLLEGE

 STATEMENT OF FACTS

INCIDENT OVERVIEW

On 10th October 2024, at approximately 6:30 pm, the accused persons- Lianthanga (19),
Mawizuala (19), Lalsawma (20),Chhanchhuaha (20) – were present near Ch.Chhunga High
School, Luangmual, when a verbal altercation broke out between them. The situations
escalated into a heat argument, but at no point did the accused did the accused persons intend
to cause any serious harm to anyone.
 The accused persons had no prior enmity with Rosangpuia (hereinafter referred to as
the ‘complainant’ and motive to harm him.
 The altercation was spontaneous and not planned.
 The accused did not act collectively with a shared or grievously harm the
complainant.
Denial of assault with a deadly weapon :
 STATEMENT OF JURISDICTION

The Hon’ble Court has jurisdiction to try the instant matter under Section197 read with
Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Section 197:

‘197-Ordinary place of inquiry and trial-

Every offence shall ordinarily be inquired into and tried by a Court within whose local
jurisdiction it was committed.’

Section 232:

‘232. Commitment of case to Court of Session when offence is triable exclusively by it-

When in a case instituted on a police report or otherwise, the accused appears or is brought
before the Magistrate and it appears to the Magistrate that the offence is triable exclusively
by the Court of Session, he shall-
a) commit the case to the Court of Session;
b) subject to the provisions of this Code relating to bial, remand the accused to custody
during, and until the conclusion of, the trial;
c) send to that Court the record of the case and the documents and articles, if any, which
are to be produced in evidence;
notify the Public Prosecutor of the commitment of the case to the Court of Session’.

STATEMENT OF ISSUE
Whether the Accused are liable of charges under section-110 0f Bharatiya Nyaya Sanhita?

Whether the Accused are liable of charges under section-193 of Bharatiya Nyaya Sanhita?

Whether the Accused are liable of charges under under section 3(5) of Bharatiya Nyaya
Sanhita?

ADVANCE ARGUMENTS:
WHETHER THE ACCUSED ARE LIABLE OF CHARGES UNDER SECTION - 110 OF
BHARATIYA NYAYA SANHITA?
It is humbly submitted before the Hon’ble Session Court that the accused persons lack the
necessary intent or knowledge required to commit the crime of attempted culpable homicide.
1. Absence of Mens Rea(intent): The accused persons lack the intent to cause harm. The
act did not constitute the essential element of mens rea (the guilty mind) and is solely
 accident and not intent to cause harm and the result of defence against the possible
harm which may occur upon them.
2. Lack of Preparation: There is no presence of preparation beforehand to cause harm
upon the complainant as harm suffered is the result of sudden clash between the
parties.
3. Self-defence: The accused, namely Chhanchhuaha, acted in self defence to stop the
approaching blow of the iron rod from the complainant and attempted to subdue the
weapon to defend himself as well as his friends near him which result in a fierce
tussle between the two over the weapon, accidentally hitting the complainant in the
process.
4. Provocation: Provocative words and threads immediately aroused the protective and
fear instinct of the group making them hostile against the complainant which leads
them to feel the need to protect themselves at all cost.
5. Absence of gruesome action: The accused did not act in manner which can be seen as
gruesome or the harm cause was not extreme to the extent as the complainant suffers
only a minor injury.

WHETHER THE ACCUSED ARE LIABLE OF CHARGE UNDER SECTION 194 OF

BHARATIYA NYAYA SANHITA?
It is humbly submitted before the Hon’ble Session Court that the accused persons action did
not amount to affray. The accused persons indeed have arguments and fight in public area,
but according to the section 194 of the BNS, there must be disturbance of public peace to
which the action did not acquire.
The action took place around 6:30pm, a period where most residents are not present in the
streets. The houses are also a bit distant from the area where the fight broke to the extent that
no residents have knowledge over the matter. This shows that there is no disturbance of
public peace from the actions of the parties which did not fulfilled the required element to
amount affray.
If the public disturbance is indeed caused, it is caused only after the complainant intervene
and cause bigger commotion which indicates he is the main source of the affray.

WHETHER THE ACCUSED ARE LIABLE OF CHARGES UNDER SECTION 3(5) OF

BHARATIYA NYAYA SANHITA?
It is humbly submitted before the Hon’ble Session Court that there are no offence under
common intention being committed in this matter thus, the accused person did not plead
guilty. There is no intention at all to cause harm to the complainant. The act merely aroused
from the attempt to put an end to any possible harm which backfired. Besides one of the
accused namely, Chhanchhuaha, no other party laid a finger upon the complainant nor giving
motivation or influence to Chhanchhuaha to deliberately or to continue to harm the
complainant.
 PRAYER

Wherefore in the light of facts stated,issues raised,detailed pleadings and authorities cited,it is
most humbly and respectfully prayed by the defendant,before this Hon’ble Court that it may
be pleased to “
I. To declare that the Accused are not guilty of the offence of attempting to culpable
homicide Under Section 110.
II. Declare that the Accused has no intention to attempt culpable homicide and the
actions taken were unintentional and accident on part of the accused.
III. Declare that there are no common intentions among the accused for their actions.
IV. Therefore,it is prayed that this Hon’ble Court may be please to grant the interest of
Justice,Equity and Good Conscience.For this Act of kindness,The Respondent Shall Duty
Bound Forever Pray.