Megharanjani Chandu 03 February 2017

Moot problem

Neha and Rushi were married in 2010 and were residing at Borivali, Mumbai. However, after few years, their
relationship got strained and they regularly quarreled over frivolous issues. One day, Neha left her matrimonial
house with her eldest daughter, Pinto and started living with her father, Ratnesh Mahtre at Girgaon Chowpaty,
Mumbai. Rushi kept his younger daughter, Sadiya with his sister, Anuprita and prevented Neha from seeing the
child.
One afternoon, Neha came to Anuprita's house and forcefully took Sadiya with her. On hearing this, Rushi
reached Ratnesh Mahtre's house and quarreled. Two days after this incident, Rushi and Ratnesh Mahtre
happened to meet at the market place and started to quarrel and grappled at each other. Both of them fell down. In
the heat of the moment, Ratnesh Mahtre slapped Rushi, saying that he will kill him. Rushi, in the heat of rage,
took a stick lying nearby and struck a blow on the shoulder of Ratnesh Mahtre.
Ratnesh Mahtre who was suffering from a diseased spleen fell down instantly. Before dying Ratnesh Mahtre,
gave his Dying Declaration regarding the fight and Rushi's knowledge about the enlarged spleen. Colaba Police
arrested Rushi and filed a charge sheet in the Session's Court of Fort and pinned Amogh Chandel as the
Investigating Officer. Evidence was led by Prosecution in the Session's Court and during trial an eyewitness
stated that it was Ratnesh Mahtre who slapped Rushi and started the fight. Session's Court of Fort relying on
facts as declared by Ratnesh Mahtre convicted Rushi for commission of murder and sentenced him to life
imprisonment.
Subsequently, a criminal appeal was filed by Rushi in the High Court of Mumbai, reckoning upon the
impeachment of the bystander. This appeal has been kept at the stage of final hearing on date, 17th February,
2017.