Moot Court problem
Vicky Ochani
(Querist) 21 February 2018
This query is : Open
Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.
During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.
After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.
Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.
Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.
Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness
