Hello :)
I've been given the following case for Moot Court in my college. Please guide me how should I start the case. No paper work submissions; have to give just oral explanation. I am from the defendant side. Plz guide about which Articles of CrPc, IPC & IEA are to be used here.
A & B were childhood friends. Together they had purchased several land. Recently A was in need of money & therefore had asked B to liquidate land & give him his share. B was against the idea of liquidating land as price were sky rocketing. A asked B to lend him money. However latter refused to do so which led to altercation between them. A then approached Panchayat for his share of land, however B refused to acknowledge that A had any share in his land. A got very angry & threatened to kill B in front of everyone. Next morning B was found dead in his house & land papers were missing from his house. Police searched A’s house, & seized land papers from his house. A was arrested & tried for murder of B. Session Court convicted A for murder of B & sentenced him a death punishment. High Court while hearing confirmation & appeal against conviction acquitted A holding that suspicion no matter how much grave cannot take place of proof.
State preferred special leave petition before the Supreme Court under article 32 of Constitution Of India challenging acquittal by the High Court.
Whether State appeal should be allowed or dismissed, by citing authorities.
Please help me out for this case as soon as possible. Only guidelines & points to be raised while defending will help me a lot. I'll be very grateful to u..!
Thank You.