Legal Question in Criminal Law in India

HELLO, sir can you give some legal arguments for the following moot court problem.

college moot court problem

Village Palam Kheda, 15 Km. from Distt. Lakhipur in the State of Mahakhand. There lives a poor family of farmer Umakant aged 29, with his wife Radhika aged 24 years. Along with Umakant, his father Deoraj aged 56 years, Mother Kala Devi aged 53 years, brother Girdhari aged 25 years are also living in the same house and do farming for their livelihood.

On 20th August, 2010 Umakant lodged a report at Lakhipur Police Station that his wife Radhika has dis appeared from his house at about 1:00 P.M. on 19th August, 2010 and on that day at 4:00 P.M. when his mother Kaladevi went to the well behind the house for fetching water, she saw the dead body of Radhika was floating on the water of the well. It was also stated in the information that the deceased Radhika was suffering from insanity for last few days. The case was taken of for investigation by S.H.O. of Lakhipur Police Station.�

Subsequntly on 23rd August 2010 another information report was lodged by Shyam Sunder at Lakhipur Police Station stating inter-alia that his niece Radhika has been murdered by Umakant, his father Deoraj & Brother Girdhari. It was also stated that Umakant�s neighbour Sugrib Singh gave the information of murder of Radhika. Shyam Sunder also stated that Sugrib Singh also opposed the in Laws who were in hurry for cremation of dead body of Radhika. He also prevented them with Local people along with Hari Narayan. Hari Narayan told the Police that he came to know that Umakant hit Radhika with footnot of Bamboo on her head. On this basis & the said information, F.I.R. was registered against the 3 accused Umakant, Deoraj and Girdhari u/s 302/34 in crime No. 214/2010. The accused were arrested by Police and produced befor the court which were sent to jail by the order of Magistrate on 25th August, 2010.

During investigation the Post mortom report made over the deceased Radhika shows:

1. Both the Lungs are voluminous, water logged congested, a cut section

excude froth mixed with blood.

2. Abdomen stomach contains semi digested food materials and full of water

with sand particles.

3. One abrassion wound on right side of head.

Charge sheet was filed against all the 3 accused u/s 173 Cr. P.C. in the Court. The trial took place in the court of Additional Session Judge of Lakhipur Distt. After considering all the evidences and facts submitted by the prosecution and accused. the court gave the judgement on 1st September, 2011- �The Court is of the view that the prosecution has failed to prove its case beyond reasonable doubt. There is no Eye withness of the case. The Postmortom report also shows that water and sand was found is the abdomen stomach of the deceased Radhika due to drowning in the water of well. No. case of murder was made out. For the forgoing reasons all the three accused Umakant, Deoraj, Girdhari are acquitted from the charge leveled against them u/s 302/34 I.P.C. The Jailor of Lakhipur Distt. Jail is directed to release them from the jail in connection with this case. Being aggrived by the said judgement order of acquitteal of accused.

The prosecution through Shyam Sunder filed this appeal before the Hon�ble High Court of Mahakhand with the instant Appeal, attacking the impugned judgement dated 1st September, 2011 that. ..

1. The learned trial court did not considered the full facts of the medical evidence of the doctor who conducted Postmortom on the deceased

Radhika.

2. Court did not appreciated the circumstancial Evidences parallel to, since no Eye witness is their in the case

3. The acquittal is improper and against the appreciation of law.

The date is fixed for final hearing on 29th September, 2011.

Argue on behalf of both the parties.

1 Answer from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in India

Looking for something else?