Moot court topic help
Rakhi
(Querist) 23 November 2013
This query is : Resolved
That information was lodged at Mohali police station on 2.07.2000 about the murderous assault on one Kulwant Kaur and infliction of injuries on Kulwinder Singh.
That on the basis of investigation, it came to the knowledge of police party that accused and complainant party are in close relations, living in the same homestead with separate portions earmarked by mutual agreement.That as per prosecution version, on 2.07.2000 in the morning the accused person conspired together to erect fence inside the homestead which they have contemplated from a long time. They also conspired that if anybody will obstruct, they will finish him up.That at about 6.00 A.M. Dildar singh and other accused named Makhan Singh started digging holes in the mid of the courtyard. Kulwinder singh protested. At this Dildar Singh and Makhan Singh ordered other members Subeg Singh and Pritam Singh to finish Kulwinder Singh. That at this stage, Subeg Singh and Pritam Singh rushed to first floor. Subeg Singh brought his gun and Pritam Singh came up with a sword in the balcony on the first floor of the house. That Subeg Singh shot at Kulwinder Singh, while Pritam Singh started towards Kulwinder singh with a sword in his hand. That the shot fired by Subeg Singh missed the target and again he tried to hit him, however, the bullet this time struck Kulwant Kaur, wife of Kulwinder Singh, who was working in the courtyard. Meanwhile Pritam Singh inflicted injuries to kulwinder Singh with swordThat at this stage, Kulwinder Singh son’s Balkaran singh and Jagdish, who came from outside, again rushed out of home after watching their mother in serious condition and raised hue and cry. That before the villagers assembled, all except Subeg Singh rushed out of house. He firstly threatened the villagers with dire consequences, later finding the situation against him, left the place.That the villagers and the two sons along with Kulwinder Singh took Kulwinder Kaur to nearby hospital where dying declaration was recorded by the doctor from Kulwant Kaur and later on she succumbed to injuries.That the defense version on the other hand was that there was no scuffle between the parties and fence was already inside the courtyard. It was only other party who has initiated the scuffle as they came to uproot the fence and during scuffle shot was fired accidently.That on investigation, police found that the deceased only affirmed what her husband stated in response to the queries put up by doctor recording the dying declaration. That further medical evidence shows that injuries suffered by deceased point to the fact that it can be possible only when the gun shot is fired from the close range and not otherwise.That the charges were framed u/s 302/34 and 307/34 of IPC. That the trial court acquitted the accused on the basis of inconsistency in dying declaration and prosecution version on the one hand and ocular and medical evidence on the other hand. The appeal was filed in the High Court against the decision of trial court.
I want to ask in this case Subeg Singh would be only liable for Murder of Kulwant Kaur under sec 302 or Dildar Singh, Malkhan Singh and Pritam singh would also be liable?If yes pl clarify with the sections.
