Moot Courts
Querist :
Anonymous
(Querist) 13 January 2010
This query is : Resolved
Dear All,
I am in Third year Law and my Moot courts presentation is Scheduled this saturday. please help me as to what points i can highlight. Relevent sections and case laws. Some brief facts of the case are as follows.
State v/s Nitish Kumar.
I have to speak from Nitish Kumar side.
Shahshibala was married to Nitish Kumar on March 1, 99. She was given the usual gifts like gold ornaments in marriage. A year later she gave birth to a male child. on june 8, 2000 shashibala requested her father to give Rs. 10000 and her father gave the said amount. on august 10, 2000 he recieved a telegram stating that sashibala was dead.
The following points were held to be proved:
1. The deceased and her husband lived alone
2. the death took place in bedroom
3. the husband absconded soon after her death.
4. the doctor deposed that sashibala dies of constriction (pressure) as a result of constriction and 85% burn post - mortem injuries were found all over the body body except feet. it was the case of the prosecution that the accused Nitish Kumar strangulated the deceased and in order to destroy the evidence set fire to the body by pouring kerosene over the body.
The defence took the plea that it was a case of sucide.
The seddions court convited the accused under section 302 and 201 for life imprisionment and one year resp.
the high court on appeal acquitted the accused accepting the defence of sucide.
The state has preferred an appeal on the following grounds:
the HC has erred in interpreting the evidence of the doctor.
the HC has erred in holding that in a case of circumstantial evidence, motive bears an important significance.
The Case is posted for hearing before the Supreme court.
Thanks in advance.
